The defendants in the Ben Gardner murder trial turned on each other this week, in a desperate bid to avoid a murder conviction.

Mr Gardner, 30, was out celebrating his girlfriend Allana Devine’s birthday when he was set upon by a group of men in Throwley Way, Sutton, on November 1 last year.

The jury at the Old Bailey heard closing speeches from the three defendants’ barristers, with each trying to pin the blame for the 30-year-old’s death on one another.

One of the central issues in the case revolves around the delivery of the fatal blow which killed Mr Gardner.

The prosecution, led by Brian Altman QC, believes Ross Collender, Daniel Ransom and Jordan Dixon should be convicted of murder because of a legal principle called joint enterprise.

When there is no evidence of who inflicted the fatal blow, joint enterprise enables a number of people involved in the crime to be prosecuted for murder.

Medical experts have been split on the issue, but it is understood the first “sneaky” punch, thrown by Ross Collender, 21, and the final “sickening” kick, delivered by Daniel Ransom, 21, had the force to cause the injury which killed Mr Gardner.

Mr Ransom’s barrister, Jeremy Dean QC, pointed the finger at co-defendant Ross Collender, claiming if he had not thrown the first punch the whole incident may not have happened.

He said: “Had Ross Collender not struck the first blow, Ben Gardner might still be alive.

“All three blows are candidates, but realistically Ross Collender’s punch and Daniel Ransom’s kick are the contenders.

“The prosecution cannot be sure which blow killed Ben Gardner, which is why they are falling back on joint enterprise.

“But you have to be sure he meant to cause really serious injury to convict for murder.”

Diana Ellis QC, defending Mr Collender, admitted her client had been guilty of “an appalling act of bad behaviour” on November 1 last year, but argued he was not guilty of murder.

The court heard the evidence of Dr Richard Anscombe, describing Mr Collender’s punch as “unexceptional”.

Miss Ellis said: “Evidence clearly shows it was the kick and not the punch that killed Ben Gardner.

“His functioning was still intact. Witnesses saw him get up, but after the kick – to the right side of the head – he did not move.”

Neither Mr Ransom nor Mr Collender’s barrister blamed the blow delivered by Jordan Dixon, 18, on Mr Gardner’s death Mr Dixon, Mr Ransom, and Mr Collender, all from Carshalton, deny murder at the Old Bailey.

Sarah Davey, 41, is charged with assisting an offender.

The trial continues.

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