THE judge in the Jock Straiton murder has trial summed up the evidence that will either convict or clear Paul Blower, Nigel Goolding and Joshua Spruce.

Outlining the prosecution case at Chester Crown Court on Friday, Judge Roderick Evans said: “Jock Straiton, in simple terms, was kicked to death by these three defendants.

“The fatal attack had its origins in the confrontation that had taken place before.

“The people involved in that confrontation were Paul Blower and Joshua Spruce, both of whom the prosecution says had been issuing threats to Jock Straiton.

“He had been invited out to fight but all he wanted to do was get some sleep.”

Prosecutors do not say Goolding took any part in the incident outside the victim’s window, but that he was aware trouble was brewing, and returned to the flats after being told it was ‘kicking off’.

Looking at Goolding and Spruce’s argument of self-defence, the judge said: “If a person is attacked or believes they are going to be attacked by someone with a hammer, they have a right to defend themselves.

“But the prosecution says they could have avoided it without any violence at all. “It says Mr Straiton was given a hiding, a severe beating, by Spruce and Goolding in which Blower joined. The prosecution says he was the jumper.

“They were all in it together, they are all guilty of murder.”

Turning to the defence for each of the three accused, Judge Evans examined evidence that Joshua Spruce had not a ‘trouble maker’ on that night.

He said: “The defence says he did not anticipate that Jock Straiton would come out of his flat.

“When he saw Mr Straiton coming at him with a hammer he was scared and he panicked. He defended himself and used no more than reasonable force.

“The violence was simply to disarm him, he was not part of a joint attack and had no intention to harm Mr Straiton, let alone cause him serious injury. The defence says he is not responsible for Mr Straiton’s death or injuries.”

Looking at the case for Paul Blower, Judge Evans said: “There was an element of bad behaviour that can be fairly and properly criticised, the defence says.

“There is no doubt that Mr Straiton believed he was being threatened but in truth Blower was not threatening Mr Straiton, he was threatening people upstairs. He did invite Mr (Stephen) Moores out and it was that that was misinterpreted.”

The defence says there is no evidence from which jurors can safely conclude Blower took part in the assault.

It argues he was the dark-haired man seen nearby on his phone.

The judge added: “If there were only four males there, these three defendants and Craig Douglas, as the prosecution alleges, then Craig Douglas could well be the person who jumped the defence says. He could not have been on the phone, records show that.

“Blower was a peacemaker, not an attacker.”

Finally coming to Goolding, Judge Evans said: “The prosecution case is based on a fundamental mistake according to the defence, in that they decided to take the word of witnesses who have given false, misleading evidence, those who implicate Nigel Goolding.

“Lauren Randles was hopelessly drunk, she was a 15-year-old girl who had drunk far more than she should have and was emotionally involved with Paul Blower.

“Craig Douglas is, on evidence, one of the candidates for the jumper and so has his own interests to serve by putting the blame on others, the defence say. He was picked out at the scene.

“That he (Goolding) was involved the defence does not deny, but his involvement was one punch to a man with a hammer, it was lawful, reasonable self defence. He then pulled Spruce off.”

Judge Evans told jurors to consider carefully the evidence given by each witness over the last four weeks, and decide whether to accept it, accept parts of it or disregard it completely.

The case continues.