Man accused of robbery can't remember where he was during raids, court hears

Mr Oliver Woolhouse, defending Michael Scanlon, said nothing should be inferred from the fact that his client had been unable to recall his whereabouts.

"If your life is regimented you might do certain things on certain days," he told Wolverhampton Crown Court yesterday. "However, if you are not working , maybe just dossing around or going to see mates, it may be harder to recall what you were doing on a given day."

And he added that Scanlon, aged 34, of Rocket Pool Drive, Bilston, had not been asked to remember where he was on one or two dates, but a total of 23 different occasions.

"If you're not doing something specific it will be harder to remember."

Mr Woolhouse told the jury it was entirely up to the prosecution to prove that Scanlon and Gavin Reilly had committed the crimes - and if they were not sure they should be found not guilty.

Scanlon, and Reilly, also 34, of Butteridge Court, Prestbury, Gloucestershire, both deny a single charge of conspiracy with others to rob a total of 23 shops.

Mr Woolhouse said Scanlon had maintained his innocence throughout, and the jury must resist the temptation to draw conclusions from 'speculative' evidence that might suggest guilt but did not actually prove it.

He said, for example, that the fact Scanlon and Reilly were seen at the Co-op store in Tividale on December 5 last year might be construed as evidence of them carrying out reconnaissance work with a view to a planned robbery.

However, he said when the evidence was examined, the raid actually took place some five weeks before their visit.

"Suggestive and speculative evidence can be very compelling, but it is up to the prosecution to prove their case," said Mr Woolhouse.

He said there was no such thing in law as guilt by association, and merely knowing some of the people who might have been involved in the robbery was not proof that Scanlon was involved.

Over the course of the trial, the jury has heard how an armed gang targeted stores in Dudley, Sandwell, Wolverhampton and Wombourne, with Murco petrol station in Warstones Road, Penn, raided twice in a month. The court was told the same gang also robbed other premises including Betfred bookmakers in Upper Gornal, One Stop in Prestwood Road, Wolverhampton, the Shell petrol station in Sedgley Road, Woodsetton, the Tesco Express store, Hurst Hill, Coseley, a convenience store in Wombourne and the One Stop Shop in Ashmore Park.

The trial continues.