A DEFENDANT in the Ben Hitchcock murder trial would “not be in the dock if he hadn't lied to police”, the Old Bailey has heard.
Mitchell Elliott, accused of murdering the teenager on June 23, 2007, initially told police he was not in the area at the time of Ben's death.
He later changed his story, admitting he was there, but claiming he was attacked by a group of youths and stabbed in the arm.
Elliott's lawyer Paul Purnell today summed up the defence's case and told jurors: “If Elliott had not told stupid lies then in our submission he would not be here today.
“No-one has even identified him as being an attacker.
“I submit he would not be in the dock if he hadn't lied to police.”
Mr Purnell earlier claimed it was Ben's gang, Penge Block, who were the aggressors in a mass brawl with a rival Lewisham gang that led to the 16-year-old's death.
He told jurors the Penge boys were “bent on violence” that night.
Judge Gerald Gordon this afternoon began to sum up the five-week trial.
Members of the jury were told the events of two years ago were a “tragedy for Ben and his family” but that “emotion must not cloud judgement” when coming to a verdict.
He added: “It will help no-one to add to the death of a young man with the miscarriage of justice for another.”
Ben, of Blean Grove, Penge, was stabbed during a fight after he and friends from the Penge Block gang tried to gatecrash a party attended by rival Lewisham gang members.
The teenager's kidney was punctured when he was stabbed in the back in Southend Road, Beckenham. He died in hospital early the next morning.
Mitchell Elliott, aged 19, of Howerd Way, Woolwich, and 18-year-old Andre Lawrence-Bennett, of Brownhill Road, Catford, both deny murder.
Royston Thomas, aged 19, of Hazel Grove, Sydenham, also denies murder.
He was declared unfit to continue with the trial earlier this week and has been bailed to attend court again on November 16.
Olatunji Olulu, aged 18, of Firhill Road, Catford, who was charged with Ben's murder, was acquitted last week due to a lack of evidence.
The trial continues.
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