Ammonia murder accused decline to give evidence

Four men accused of murdering a drug dealer in an ammonia attack have declined to give evidence.

Andrew Foster, 26, suffered a fatal asthma attack after being set upon at his home in Wrekenton, Gateshead, in August, Newcastle Crown Court heard.

The defendants deny his murder and carrying out three other chemical attacks across South Tyneside in the previous 11 days.

The men's lawyers said their clients had been advised jurors could "draw such inferences as appear proper" by their refusal to take to the witness box.

Prosecutors said alleged drug dealer Youssef Wynne, 39, orchestrated the so-called "taxing raids" on four homes between 9 and 20 August to steal from other criminals.

A woman lost an eye in a raid in Jarrow four days before Mr Foster died, the court has heard.

Prosecutor Mark McKone KC has told jurors Paul Fawcett, 33, was Mr Wynne's "enforcer" and carried out all four attacks, assisted on the last three occasions by John Wandless, also 33.

The trial, which began on 14 May, has reached the stage where the defendants may give evidence but none of the four has chosen to do.

Judge Mr Justice Dove asked each of their barristers if the men had been "advised" if they chose not to give evidence "the jury may draw such inferences as appear proper from [their] failure to do so?"

Each of their lawyers confirmed they had been so advised.

Rachel Hedworth, for Mr Wandless, presented agreed facts to the jury which included there had been five other chemical attacks on Tyneside since her client's detention by police.

She also said his mobile phone showed no evidence of any discussion or "interest" in the attacks he was accused of being involved in.

Ms Hedworth also read a comment from his police interview when, after an officer told him he was a "bit handy" and could "look after" himself, Mr Wandless replied: "That doesn’t make [me] a robber or a killer."

The fourth defendant, Josh Hawthorn, 22, is accused of helping Mr Wynne organise the attack on Mr Foster.

His lawyer, Mark Fenhalls KC, read elements of a doctor's report which said Mr Hawthorn was "prone to suggestibility" and had "significant difficulties" and "struggles" with understanding words and remembering things.

The defendants and their charges are:

• Youssef Wynne, 39 and of Wuppertal Court, Jarrow, denies murder, robbery, assault causing actual bodily harm, inflicting grievous bodily harm and two counts of attempting to cause grievous bodily harm with intent
• Paul Fawcett, 33 and of Balkwell Avenue, North Shields, denies murder, robbery, inflicting grievous bodily harm and two counts of attempting to cause grievous bodily harm with intent
• John Wandless, 33 and of no fixed abode, denies murder, robbery, inflicting grievous bodily harm and attempting to cause grievous bodily harm but admits handling a stolen VW Golf and arson for destroying the car
• Josh Hawthorn, 22 and of Ashfield, Jarrow, denies murder and robbery

The trial continues.

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