Prosecution: 'Explanation not supported by common sense'

Tommy Bilton

A MAN charged with stabbing and murdering a teenager has put together a "cynical, calculated defence", a court heard.

Matthew Stubbs (also known as Matthew Gregory), of Horsedge Street, Oldham, is on trial for murder, wounding with intent and violent disorder.

The prosecution and defence made their closing statements at Manchester Crown Court on Friday.

For the last few weeks the jury has heard about a brawl which broke out outside Stott House, on the Eldon Street estate, Oldham, in the early hours of Saturday, August 15, 2015, which resulted in the stabbing of Tommy Bilton (19), of Elm Road, Limeside, and Simon Dalton.

After Mr Bilton was stabbed he was able to stagger away to Ashton Road where he collapsed in front of a kebab shop.

He died at the Royal Oldham Hospital from internal bleeding after being stabbed in the groin.

Mr Dalton was stabbed near his kidneys and was hospitalised for ten days.

The prosecution's case is that not only did Stubbs deliberately stab Mr Dalton but that he also stabbed and subsequently murdered Mr Bilton.

The court heard that Stubbs (24), who has Asperger's syndrome, has previous convictions ­- the most recent of which was of wounding and possession of a blade in January, 2015. Stubbs has admitted that he stabbed Mr Dalton but has insisted throughout the trial that it was an accident, that Mr Dalton injured himself by stumbling back on to the knife Stubbs was holding.

Simon Medland QC, prosecuting, said: "We submit to you that his explanation for the injury to Simon Dalton is ridiculous, one which is not supported by any other witness.

"It is not supported, we say, by common sense.

Weapons

"It is just one example of this young man's remarkable, almost breathtaking ability to put together a quite cynical, calculated defence."

The court also heard how Stubbs left Oldham after the incident and was found in Newcastle. The prosecution said Stubbs was disposing of evidence and after a police chase refused to answer questions until days later.

Mr Medland also said that Stubbs had tried laying the blame on another defendant in the trial.

He also suggested that the defendant was trying to get the witness, his cousin Gemma, to change her statement over phone calls made in prison so that it would corroborate with his.

Mr Medland added: "The overwhelming conclusion you should draw is this defendant has lied repeatedly and cynically with one view in mind and one view only ­- that to secure an acquittal.

"The defendant's explanation in respect of what happened to Simon Dalton is ludicrous. Worse than that, it is cynical and manipulative.

"If you chase after somebody with a knife in hand and stab them in the back, what else can you intend but serious harm?

Evidence
"What about Tommy Bilton? Who else, in truth, can it have been?

"We submit that the answer is clear. The same person who stabbed Simon Dalton stabbed Tommy Bilton."

However, Peter Birkett QC, defending, said that the prosecution's explanation that whoever stabbed Mr Dalton also stabbed Mr Bilton is is not supported by any evidence and that no-one really knows how Mr Bilton came to be stabbed or where.

Mr Birkett said: "You're left with the speculative assertions by the prosecution that it must have been the same person."

Furthermore, independent witnesses heard a female saying to someone: "You stabbed him."

This, the defence said, was after Stubbs had left the scene therefore he could not have stabbed Mr Bilton.

The defence also questioned the reliability of the witnesses in the case, particularly Simon Dockerty, who had been involved in a fight at Stott House the previous week.

Mr Birkett went on to say: "Here was Simon Dockerty, and others, fuelled with drink, going round at 3.30am for a fight.

"According to Simon Dockerty, he doesn't go there, he walks past. According to him he goes to his sister's to get re-enforcements.

"Do you think that this posse went there for anything other than violence?"

With regards to the prison calls, the defence said that Gemma's statement did not change.

Stubbs also said on the calls to Gemma: "I admitted what I did I said it was an accident.

"Then they're trying to stitch me up with something I didn't do.

"I got stabbed in the back five times myself."

Mr Birkett said that if Stubbs was trying to manipulate Gemma then he did not succeed."

The defence did admit that Stubbs' previous convictions and being found in Newcastle has not helped his case, but they said it was part of an arranged trip.

They also suggested that he may have been lying low if he heard someone had died after the fight, which he presumed might have been Mr Dalton.

The case continues.