Tom Kirwan killed after brother kicked out of Wolverhampton club

Tom Kirwan was fatally injured near the Uberra Club, now the Canal Club, alongside the ring road in the middle of Wolverhampton in the early hours of July 8 2012, the city's Crown Court was told.

His 21-year-old brother Brooklen was removed from the club by staff at around 4.30am, said Mr David Bennett, prosecuting, who continued:

"It was clear when he was ejected that he was angry and agitated. He began arguing with the security staff and was joined by his brother Tom and other friends and associates."

Mr Bennett explained: "A second group were trying to get into the nightclub and an argument developed between the separate groups - those who had been ejected and those waiting to get inside. That led to an outbreak of violence between them."

CCTV captured some of what happened next, the court heard . Brooklen Kirwan was seen throwing at least one punch, getting somebody in a headlock and pushing a person into a taxi, claimed the prosecutor.

Shannon Samuels, Kieran Stubbs and Nathan Hanson - all aged 20 and each supposedly part of the group trying to get into the club - were also allegedly involved in the fracas.

Mr Bennett told the jury: "At the end of this incident Thomas Kirwan was stabbed at the scene. This had nothing to do with either of these three people or his brother. It happened at the tail end of this incident and sadly he died from the injury he received as part of the stabbing."

But the lawyer maintained: "At the outset, Samuels was clearly acting aggressively towards Brooklen Kirwan, shouting and waving her arms about as the incident unfolded and running off at the conclusion.

"Stubbs was at the centre of things as they developed, people fighting all around him and him pulling and pushing while Hanson seemed to throw a punch at Tom Kirwan during the incident."

Brooklen Kirwan accepted being involved but told police he had only used lawful violence to protect himself. Mr Bennett alleged this had been said 'to get him out of trouble.'

When later questioned by police Stubbs denied being present, Hanson could not remember whether he was there or not and Shannon declined to comment, the court was told.

However the prosecutor insisted: "All four defendants either used, threatened to use or encouraged others to use unlawful violence at such a level that anybody who witnessed what was going on would have feared for their own personal safety. They were not defending anybody. They wanted to be involved in a fight and were."

Brooklen Kirwan from Darley Drive, Dunstall Hill, Henson of Enville Road, Warstones, Stubbs from Brantley Avenue, Finchfield and Samuels of Overton Walk, Merry Hill all deny affray and the trial continues today.