Alleged burglar battered man to death - prosecutor
Family handoutA man was battered to death with a plank of wood as he tried to stop a burglar breaking into his neighbour's flat, a murder trial has heard.
John Smyth, 63, suffered multiple fatal injuries to his head as he was attacked near his home in Wallsend, North Tyneside, in September, Newcastle Crown Court heard.
Prosecutors claimed his attacker George Ness, 41, then rifled through the dying man's pockets and stole his mobile phone.
Mr Ness denies murder, aggravated burglary and possessing a knife and claims he was acting in self-defence.
Mr Smyth had recently moved to Wallsend from the East Midlands and had spent the night of 21 September at his neighbour's home on Holly Avenue drinking alcohol and eating cannabis cake, prosecutor Peter Glenser said.
Mr Ness, of Avon Avenue in North Shields, had been with friends taking crack cocaine which he claimed he had bought from Mr Smyth's neighbour, the court heard.
Shortly before 05:00 GMT on 22 September, Mr Ness went to the woman's home and smashed a window as he tried to get in to steal cash from her, Mr Glenser said.
GoogleMr Smyth, a father of one, armed himself with a Stanley knife from his tool bag and ran out into the backyard to confront the burglar, the court heard.
In a short and violent altercation, he was struck multiple times about the head and body with a wooden plank by Mr Ness, Mr Glenser said.
Mr Ness then searched Mr Smyth and took his phone, with blood matching the defendant's DNA found in the dying man's jeans pockets and CCTV showing Mr Ness walking away using a phone, the court.
Mr Smyth's neighbour had called police to say a man she knew as "Jock" was "stabbing up" her friend Mr Smyth, the court heard.
Mr Ness was arrested at nearby Wallsend Metro station at about 07:00 after asking a commuter to call him an ambulance, the court heard.
Mr Smyth was taken to Newcastle's Royal Victoria Infirmary but was declared dead about an hour after the attack having never regained consciousness, Mr Glenser said.
A pathologist concluded he had died from blunt force trauma to the head having been struck at least five times, which caused "severe skull fracturing and damage to the underlying brain", Mr Glenser said.
The victim also had stab injuries to his hand and arm consistent with trying to fend off a knife attack, the court heard.
Mr Ness was interviewed three times by police but declined to comment, the court heard.
After being identified by Mr Smyth's neighbour as the attacker at an identity parade, he gave a fourth interview he which he admitted striking Mr Smyth with a wooden plank but claimed he was acting in self defence.
He said he only struck Mr Smyth once and the victim had then fallen and hit his head against a wall, with Mr Ness then fleeing in a panic.
Mr Glenser said the pathological findings showed Mr Ness' account was "just not true", adding: "The evidence suggests a forceful, sustained and determined attack intended to cause, and which did cause, really serious harm to John Smyth as John Smyth tried to defend himself."
The trial continues.