Court hears one of accused had previously assaulted Benjamin

THE sister of a teenager accused of being one of three youths to murder a 17-year-old has told how she treated cuts to the hand of one of the other boys.

She said in the immediate aftermath of the alleged incident her brother’s friend came to their home with his thumb bleeding.

The sister, who cannot be identified for legal reasons, said she asked him what had happened and he told her he suffered injuries running from the police.

The jury was also told how the injured boy had previously assaulted Benjamin Orton, the teenager who died in the alleged attack in Swadlincote in June.

Three youths, two aged 17 and one who was aged 16 at the time and is now 17 – who cannot be identified for legal reasons – are on trial at Derby Crown Court.

They all deny charges of murder, and attempted murder of Benjamin Orton’s 20-year-old friend, with one of the 17-year-olds also having pleaded not guilty to assisting an offender by disposing of a knife, a phone and items of clothing.

Abigail Joyce, prosecuting, read out the sister’s statement as the Crown’s case closed in the second week of the trial. In it, she said: “I was at home with my boyfriend watching TV.

“My brother had been to the Odeon cinema in Swadlincote and returned home at around 10.30pm to 10.45pm. I asked him what film he had seen and as I had seen it (previously), we talked for about 10 minutes about it.

“Around an hour later I heard a car. My brother then came and asked if I had a plaster. I asked him what for and he said it was for (a co-defendant).

“(The co-defendant) finally came inside and I could see he had a cut to the top of his thumb, a cut to his elbow and scratches to his forearm.

“I used an antiseptic wipe and put medical tape and a plaster around it.

“I asked (the co-defendant) what happened and he said he had run from the police because they had caught him smoking weed.

“He said he had run through bushes and over fences.”

The alleged attack happened in Wraggs Passage, near the Odeon Cinema, on the evening of June 12, this year. Opening the prosecution’s case, on the first day of the trial last week, Peter Joyce QC said: “The three defendants had left the Odeon cinema at 10.32pm and turned left into Wraggs Passage.

“Benjamin Orton and his friend were walking in the opposite direction down the passage.

“Having gone down Wraggs Passage, Benjamin and his friend were the victims of a sustained attack by these defendants.

“You [the jury] will see Benjamin and his friend backing away on CCTV, retreating from the three about to attack them.

“Benjamin was brandishing a knife as if to say ‘stay back’. Benjamin was holding his knife defensively, while the 16-year-old was holding his knife aggressively. Everyone must have seen that the 16-year-old had a knife.

“He was passing the knife from hand to hand and gave his phone to one of the 17-year-olds.”

The court was told Benjamin and his friend were then surrounded by the three. Mr Joyce said: “The 20-year-old is bent forward as the 16-year-old is stabbing him in the back of his neck.”

As the prosecution closed its case, Mr Joyce read out what is called an agreed fact to the jury as part of the evidence. In it, he said the 16-year-old defendant was handed a caution in January of this year for assault occasioning actual bodily harm on Benjamin.

The trial continues.