Youngsters deny all charges and say they were acting in self defence

THE three 17-year-olds accused of murdering Benjamin Orton claim they were acting in self defence.

One claimed Benjamin and his 20-year-old friend brandished a knife each, demanding cash and wallets before a fight which ended with Benjamin being stabbed 13 times and his friend left partially paralysed, stabbed five times in the neck and head.

A jury has been told one of the teenagers denied any of his friends were carrying knives, but he later admitted possessing a knife.

The trio, who cannot been identified owing to their ages, are on trial at Derby Crown Court accused of murdering Benjamin and the attempted murder of his friend in an alley beside the Odeon Cinema, Swadlincote, on June 12. They each deny the charges. One of the defendants also denies assisting an offender by disposing of a knife, phone and clothing.

The court has heard Benjamin and his friend “were surrounded” by the three teens. One, who was 16 at the time, but is now 17, allegedly stabbed the 20-year-old and then stabbed Benjamin while a second defendant held and punched him. A third is accused of holding the 16-year-old’s phone.

Peter Joyce QC, prosecuting, told the court on day two of the trial that after the defendants ran away, the injured 20-year-old dialled 999. He was taken to Nottingham’s Queen’s Medical Centre in where it was found he had a fractured spinal column. The wound required “severe force”, the court was told.

Former Pingle schoolboy Benjamin suffered stab wounds to his chest and abdomen. He was pronounced dead at the scene. A post-mortem found he died from a combination of two wounds which pierced his heart and lung.

After the three teenagers were arrested, the 16-year-old told police he was walking home when he was followed by Benjamin and his friend.

Mr Joyce said: “He said the two brandished a knife each, and demanded cash and wallets from the three. He was painting a picture that the defendants are the victims. He said he feared for his life. He said he was stabbed but had no injury. He believed he may have stabbed both men. He said all his actions were instinctive and not intended to cause serious injury. He said at no stage did he or his friends carry any weapons but we know that is nonsense as he has pleaded guilty to carrying a knife.”

The second defendant, who allegedly held Benjamin, told police he did not know anyone would be stabbed. He said he did not have a knife and wasn’t aware of people carrying knives.

However, Mr Joyce said: “The prosecution say when he was holding Benjamin as he was being stabbed 13 times how did he not know he had a knife?”

Mr Joyce told the jury: “[The three defendants] were moving towards the action, rather than away. They left these two boys, one dying, the other had to be rescued from dying, and they went away as quickly as they could and got rid of things they had been wearing.

“Even though they played different roles you can be sure all are guilty of murder and attempted murder. The 16-year-old inflicted 18 stab wounds on two men in the space of seconds.”