A 63 year old man died stopping a burglary. He was allegedly battered to death trying to stop armed burglar.
Ness, 41, denies murder and burglary. He also denies having a weapon. He is on trial in Newcastle Crown Court. The prosecutor, Peter Glenser, described the incident. It happened around 5 AM on September 22nd. Bridie called 999, saying “Jock” was attacking her friend in the back garden.
Glenser said “Jock” tried to enter, wanting money from them. Police arrived quickly and found Smyth in the yard, lying in a pool of blood with no pulse or breath. Rescuers tried to help him, but the man died before 6 AM.
The autopsy showed Smyth suffered head trauma, with at least five blows fracturing his skull and causing brain injury. He had other injuries too. The prosecution argues it was murder. Friends said Smyth had a teen daughter and had just moved to Wallsend.
The previous evening, Smyth and Bridie socialized. Ness was nearby, smoking crack cocaine. Around 4:30 AM, Ness went to Bridie’s, tried to sell her a coat, and asked to use her bank. She refused, and Ness got upset, kicking her door.
Bridie thought he would go to the back and told Smyth to call police. Ness then smashed a window and reached inside, trying to open it. Bridie hit his hand with a hammer. Ness shouted he wanted the money and was coming in.
Ness pulled a knife and tried to slash Bridie through the window. Smyth got a tool bag to fix a scooter and grabbed a Stanley knife, swinging it at Ness. Bridie told Smyth to call the police again, then he left her sight, and she thought he was calling the police.
Ness was still at the window and threatened Bridie. He got a fence piece and poked it through the window, trying to open the window latch. Smyth didn’t call police but went to the back yard. Bridie did not know it was Smyth.
She heard Ness say, “You want a piece of this?” and saw a flash of a knife as Ness swung at Smyth. She shut the front door and called the police. When she looked again, Ness had left and Smyth was fatally injured.
Police arrested Ness around 7 AM at Wallsend Metro. Ness initially said “no comment.” He later asked for another interview and admitted he was at Bridie’s house, claiming they argued about drugs.
Ness also admitted breaking the window. He claimed Smyth swung at him and Bridie hit his hand. Ness stated his hand was injured earlier and Smyth threatened him. He heard Smyth yell while approaching him.
Ness said he saw something shiny and grabbed wood, swinging it at Smyth’s head. Smyth fell, hitting his head, Ness described. He said he panicked and ran. The autopsy contradicted Ness’s story and showed multiple head impacts.
Prosecutors claim Ness’s story is false, stating it was not a single blow, but a brutal, sustained attack. Ness intended to seriously harm Smyth who was trying to defend himself. CCTV also contradicted Ness’s account.
The CCTV showed Ness walking away, carrying a phone at 4:49 AM, but he did not have a phone earlier. DNA evidence also contradicts Ness. Smyth’s DNA was also found in Ness’s pockets.
The prosecutor said Ness stayed after the attack and stole Smyth’s phone while Smyth was down. Ness claims self-defense and denies all charges. The trial is ongoing.