A judge will today (Wednesday October 2) sum up the case against three people accused of murdering Ilkeston father-of-six Mick Moss.
Judge Michael Stokes QC is then expected to send out a jury to decide if Collette Booth, Jamie Elliott and Nathan Hall were responsible for the 47-year-old’s murder.
The trial, which is in its third week at Nottingham Crown Court, has been told by the prosecution that Booth, 46, of Mill Street, Ilkeston, phoned Elliott to ask him to ‘do in’ Mr Moss on the say-so of her son, Alan Chapman.
Mr Chapman, who was in prison at the time of the attack in January, was originally on trial but had the case against him discontinued last week.
It is alleged by the prosecution that Elliott, 26, of North Street, Alfreton, and his cousin Hall, 24, of Birchwood Road, Somercotes, drove to Mr Moss’s Canal Street home and attacked him.
The trial has previously been told that Booth and Mr Moss had been in a relationship for four years but that she had “come to the end of her tether” with his drinking.
And, giving their evidence, both Elliott and Hall told the jury that a third man carried out the brutal assault inside the Canal Street house but they were both too scared of reprisals to name him.
Summing up his case yesterday, prosecutor Peter Joyce said: “They are in it up to their necks.
“They mentioned nothing of this man to the police or anyone else for that matter until July when they read the prosecution’s case against them and said ‘oh actually, that’s right, there was a third man’.
“It is nonsense. Just think how absurd this is and sounds. He [the third man] does not exist.
“Not one single person who gave evidence saw three people.
“It was these two men who have used total invention to get round what happened.”
The trial has also previously heard how it was alleged Elliott and Hall travelled to Ilkeston and back to Alfreton at the time Mr Moss was attacked.
The car they were in was caught on CCTV and police cameras.
Mr Moss suffered 30 fractures to his ribs in the assault which punctured one of his lungs.
He also had head injuries.
In his closing speech, David Farrar QC, for Booth, asked the jury to consider if they could be sure that one phone call from his client to Elliott the day before the killing could have triggered the attack.
He said: “I am going to submit to you that when you consider all the evidence, nobody can be sure.”
The trial continues.