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Murder trial verdict due today

PUBLISHED: 10:18 26 October 2001 | UPDATED: 10:45 03 March 2010

THE jury in the trial of two men accused of the murder of Ipswich barmaid Janet Fleming was due to give its verdict today.

Leon Sobers, 23, of Birkfield Drive, and Damien Duberry, 21, of Morland Road, both deny the charge.

THE jury in the trial of two men accused of the murder of Ipswich barmaid Janet Fleming was due to give its verdict today.

Leon Sobers, 23, of Birkfield Drive, and Damien Duberry, 21, of Morland Road, both deny the charge. They also deny the robbery of Harleys public house on December 10.

Ms Fleming was killed following an attack outside the pub, where she worked, on the same date.

The jury retired yesterday at 3.15pm and after just over an hour of deliberations were sent home.

Before the jury retired The Honourable Mr Justice Moses addressed them for about two hours when summing up the case.

He told them that there was no dispute that a robbery had taken place, or that temporary Harleys landlord Andrew Hull had been seriously injured in the raid.

He said: "You have to consider each defendant separately for the robbery. Their only defence for not being guilty of robbery is that they were not there.

"If they were not at the robbery they could not possibly be guilty of murder."

He told the jury it was up to them to decide if both men were guilty of murder.

He said if they believed the man inside the pub could not foresee the possibility of violence used by the man outside the pub, then Leon Sobers was not responsible.

He said: "Each is liable for what the other does in the course of a robbery and before the robbery shares criminal responsibility with the other.

"The responsibility may go further than the act of the robbery itself. It may extend to acts done by the other robber in the course of the robbery."

He added that if the man inside the pub knew the other robber might use violence in the manner it was used then he was responsible because he was encouraging the enterprise.

Mr Justice Moses continued his summing up by going over the evidence presented in the case.

Earlier in the day David Cocks, QC, spoke on behalf of Damien Duberry.

He told the court that there was no scientific evidence linking Duberry to the scene of the crime and that key prosecution witnesses were unreliable.

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