Michael Phillips murder trial: Jury told to reject anything that goes against their ‘common sense’

Prosecutor Nicholas Johnson QC started his summing up after all the witnesses and evidence had been heard during the previous weeks.

Seven men are charged with Mr Phillips’ murder. They are: Lee Darby, 32, of Ridley Court; Neil Elliott, 44, of Briarfields Close; Gary Jackson, 31, of The Darlings in Hart Village; John Musgrave, 54, of Wordsworth Avenue; Sean Musgrave, 30, also of Wordsworth Avenue; Anthony Small, 40, of Rydal Street, and Craig Thorpe, 36, of Young Street.

Mr Phillips died at his home address on June 10 last year.

As part of his summing up Mr Johnson said the jury are entitled to reject anything that goes against their common sense.

During the trial the defendants had spoken about going for a drive in Elliott’s car, but claimed it was for no real reason.

Mr Johnson said: “The defendants would have you believe this was a little drive about.... it is an affront to your common sense."

"Whatever went on these people would all drive away from the scene in silence, there was no discussion? - what does your common sense say about that?"

The prosecutor said coincidences do happen, such as both he and one of the defence barristers both being called Nicholas Johnson, but said these defendants must be the most unluckiest people in the world if all the coincidences the defendants are claiming actually happened.

Mr Johnson told the jury all the essential features from the witnesses were there within an hour of the attack - that there was a group of them, Mr Phillips was beaten and the significance of a blue coat.

Talking about Elliott’s alleged part in the attack on Mr Phillips, Mr Johnson said: “Mr Elliott would have you believe that Mr Phillips could have over 50 injuries and 20 or more broken bones and that he was in that room throughout and he didn't see a single blow.”

Talking about Lee Darby, Mr Johnson said the footage shown from the Premier store makes him look like a man on a mission.

He said: “The prosecution suggest the case against Lee Darby is clear.”

The prosecutor questioned Darby’s decision not to give evidence from the witness stand and said the prosecution believes it is because he could not give any sensible explanations for what had gone on.

Mr Johnson said Small was a vulnerable heroin addict and added: “No doubt he bitterly regrets getting involved.

“However, the prosecution say he clearly made a choice to knock in that door.”

He also reminded the jury that witness Lee Hardwell, who lived with Mr Phillips and was in the house at the time of the attack, said Small did join in and that was a shock because he didn't think Ozzy would do this and he was his friend.

The case continues.