Boy 'did not have murder in his heart', court told as defence sums up in stabbing trial

Mr Ian Jobling, defending the 16-year-old who cannot be named for legal reasons, reminded the jury of an eye witness statement, which he claimed matched the defendant's version of events.

The 16-year-old and Abdullah Atiqzoy deny murder and attempted murder, while Feizullah Atiqzoy, 24, of Swan Crescent, Oldbury, has pleaded not guilty to assisting an offender.

Lukasz Furmanek, aged 24, died and Radoslaw Dudek was left clinging to life after both were stabbed in Handsworth.

Mr Jobling, in his closing speech at Birmingham Crown Court on Wednesday, argued the prosecution's case that the 16-year-old and Abdullah Atiqzoy had gone out as a 'joint enterprise' to murder could not be true.

He said: "At the time there were a number of obstacles he had to overcome if he went out with murder in his heart.

"He was not involved in any way with the attack on Mr Dudek but the prosecution is still alleging it was a joint enterprise, that they acted as one. They had a common purpose with each person knowing what the other might do. That's the only way he could be guilty of the attempted murder on Mr Dudek. But whatever happened that night was between Mr Atiqzoy and Mr Dudek alone."

Mr Jobling said the speed and the violence on the night in May was such it would be 'nonsense' to suggest the 16-year-old was involved in Mr Dudek's attack in any way.

Mr John Butterfield QC, prosecuting, during an earlier hearing had claimed the two defendants were 'thrilled and excited' about the prospect of knife violence and had the intention of confronting the first people they came across.

Abdullah Atiqzoy, aged 18, from Elizabeth Crescent, Oldbury, had denied those charges under cross examination from Mr Butterfield.

Meanwhile, Mr Mark Haywood, defending Abdullah Atiqzoy, alleged on Monday the 16-year-old had stabbed Mr Furmanek three times and not once as had been claimed.

Mr Haywood, recalling CCTV footage that had earlier been played in court, claimed Mr Furmanek had not put his hands up to defend himself because he had already been stabbed once.

He also suggested the teenager had stabbed Mr Furmanek for a third time when he was shown standing over the body.

The 16-year-old denied the allegation and said he had only moved forward to check the stab wound.

Mr Jobling referred back to a call made by a witness who had phoned the police and reported the stabbing, which he said supported the defendant's version of events.

Mr Jobling, speaking in court, said: "She called the emergency services right after the incident took place.

"There was no chance for her to get it muddled up, listen to TV reports or read about it in the papers.

"She said she had seen two men on the floor who looked to have been stabbed and two lads were seen running away.

"She said she saw one of the lads stab one in the belly and ran away.

"What she is effectively describing there is one stab in the belly and perpetrator running away."

The trial continues.