The jury in the Sam Davies murder trial has been told that defendant Charlie Wakefield didn’t give evidence because he could not refute the case against him.
The 21-year-old was not present at Nottingham Crown Court on Monday, March 28 as the prosecution continued its closing speeches on each of the seven defendants.
Barrister Caroline Bray reminded the jury that Wakefield did not give evidence to the trial, nor did he have to.
She added: “A consequence of that is that you may, if you think it appropriate, draw an adverse inference against him because of that decision.
“We say there is a strong case against Charlie Wakefield and it calls for an answer and he’s failed to give any.”
Ms Bray suggested Wakefield had not contradicted the prosecution case because he couldn’t.
“The only logical conclusion is that he thinks he’s better off not giving any answer and hiding behind his right to silence,” she added.
The trial has heard evidence that Wakefield was on tag at the time of the stabbing by his friend Eimantas Gochman, 20.
Wakefield was on a 7pm-7am curfew and was at home in Lincoln’s Broxholme Gardens at the time of the attack, which happened at about 10.45pm on May 27 last year.
He had sent a 17-year-old boy – co-defendant who cannot be named for legal reasons – in a taxi to Coleridge Gardens just before the stabbing in an adjoining park.
The prosecution says it was for the boy to report back to Wakefield but both the boy and co-defendant Eric Kesel say it was to buy cocaine from Kesel.
The boy then returned to Wakefield’s house and Gochman arrived about 20 minutes after the stabbing. The boy and Gochman spent the night drinking Russian vodka and using drugs.
In evidence, the boy said Gochman had told Wakefield that he had just stabbed someone for “five bags” – said to mean £5,000.
Ms Bray told the jury: “Charlie Wakefield lied in interview – a lot. He lied his head off.
“You have heard prison phone calls by him which you might conclude are more informative than his police interviews.”
Ms Bray said there was a “series of simple reasons” for Wakefield electing not to give evidence.
“He has no good reason for lying in interview,” she continued.
“He has no good reason for giving Eimantas Gochman a false alibi.
“He has no good reason for giving Eimantas Gochman shelter and a place to stay after he’d murdered Sam Davies.
“He has no good reason for washing Eimantas Gochman’s trousers.
“He had no sensible reason for searching the internet for being an accessory to murder.
“And no plausible explanation for things he said in his prison phone calls. For example, the stories he had prepared for his solicitor about Eric Kesel and not knowing about the murder.”
All seven defendants face one count of murder, which they all deny.
They are Billy Gill, 21, of Hatcliffe Gardens; Daniel Heydari, 25, of Chestnut Street; Joe Jameson, 24, of Whitehall Terrace; Eimantas Gochman, 20, of Sturton Close; Eric Kesel, 19, of Browning Drive; and Charlie Wakefield, 21, of Broxholme Gardens.
A 17-year-old boy cannot be legally identified due to his age.
Jameson is also accused of making a threat to kill, which he denies.
The trial continues.
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