Final pleas in murder trial
PUBLISHED: 15:23 01 August 2001 | UPDATED: 15:16 03 March 2010
THE jury have heard Judge David Mellor begin his summing up in the case against Lewis Carroll, Steven Lowe and Toby Woods – the three men involved in the Phil Hoi Phat Lui murder trial.
THE jury today heard Judge David Mellor begin his summing up in the case against Lewis Carroll, Steven Lowe and Toby Woods – the three men involved in the Phil Hoi Phat Lui murder trial.
Carroll, 31, of Crocus Close, Ipswich, and Lowe, 24, of Spring Road, Ipswich, deny murdering the Vietnamese student, during attacks inside and outside Kartouche nightclub in Princes Street.
If found guilty the pair face life imprisonment.
Woods, 24, of Cosmeston Street, Cardiff, denies violent disorder involving Mr Lui, whose parents live in Felixstowe, on the same night – August 14 last year.
At Norwich Crown Court today Judge Mellor said: "First of all you must consider whether Phil's death was caused by injuries; directly caused by the defendants own acts.
"Secondly you must consider whether the defendants joined in a violent attack on Phil in which serious head injuries were inflicted. Next you must consider that when so acting the defendants were not acting in lawful self defence.
"The next thing you must consider is that serious head injuries inflicted by the defendants contributed to Phil's death.
"Lastly, you must consider that when so acting the defendants so intended that Phil should be caused to suffer serious bodily harm or realised that another person involved in the attack had that intent."
Judge Mellor told the jury to consider each defendant, including Woods, separately and added that: "Any combination of verdicts is open to you."
Earlier in his closing speech Courtenay Griffiths QC, defending Carroll, said that witness reports of a man wearing a white T-shirt hitting victim Mr Lui in Kartouche nightclub may not have been describing Carroll, as previously thought.
He said: "There was another man wearing a white T-shirt, with a black leather jacket, as we have heard."
It is understood that the other man is a friend of Carroll and was known to his co-defendant Lowe.
It is also thought that the man is now living abroad. It had been mentioned by witnesses of the attack that this man was at the scene, was seen with the accused during the incident, and was wearing similar clothing to Carroll.
Mr Griffiths, giving his summing up speech, also told how a report of Carroll carrying out a ten-minute long beating outside the club had been "grossly exaggerated."
Mr Lui's friend, John Catlow, had been the victim of an assault inside the club by Lowe. This has been accepted by the accused. However Catlow alleges that he was chased from Kartouche by Carroll who repeatedly hit him and Mr Lui – delivering fatal blows to the Chinese man.
But Mr Griffiths pieced together CCTV footage taken from Kartouche nightclub which he claimed: "gives Mr Carroll 90 seconds to run from the club, catch Mr Catlow and Mr Lui, assault Mr Catlow, then attack Mr Lui, then return to the area of the club. I donthink this is possible."
Mr Griffiths also told how forensic tests carried out on Carroll's shoes revealed no signs of blood from Mr Lui, but did have his own blood on them from when he had received a punch to the nose in an earlier incident. This, said Mr Griffiths, indicated Carroll could not have washed his shoes.
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