A JUDGE has begun summing up the murder case where a father-of-four was killed outside a Derbyshire social club.
Justice Charles Haddon-Cave QC told a jury it is "they and they only" who will decide whether three people are guilty of murdering Barry Smith and if a fourth person is guilty of assisting an offender.
On Monday, the jury is due to be sent out to deliberate over whether or not Vincent Aitken, Emma Aitken and Nathan Doherty were responsible for the death of father-of-four Mr Smith.
They are also to decide whether Aitken's wife Pamela Aitken is guilty of assisting an offender in relation to the offence.
Starting his summing up, Justice Haddon-Cave said: "In the early hours of October 6 last year Barry Smith was attacked outside Kilburn Welfare Social Club and killed.
"His body was found near a football pitch the next morning by two local women.
"It was apparent he had suffered terrible facial injuries and there had been an attempt to burn his body."
On Monday the trial will enter its seventh week.
Vincent Aitken, 44, of Chapel Street, Kilburn, his daughter Emma Aitken, 19, and her partner Nathan Doherty, 27, both of Portland Street, Derby, all deny the murder of Mr Smith.
Pamela Aitken, 41, denies assisting an offender in relation to Mr Smith's death.
Justice Haddon-Cave told the jury on Friday, June 6 he had prepared for them a "route to verdict".
He said: "There are three questions in relation to Nathan Doherty, Emma Aitken and Vincent Aitken.
"One, are you sure they were present during the fatal attack on Barry Smith? In you are not, they are not guilty, if you are move to question two.
"Two, are you sure they took part in the fatal attack or assisted and encouraged other to do so? If you are not then not guilty, if you are then move to question three.
"Three, are your sure, if they took part in some or all of the attack they meant to kill or seriously harm Barry Smith? If you are not, then not guilty, and if you are, then they are guilty of his murder."
mnaylor@derbytelegraph.co.uk
