THE jury in the lesbian murder trial were being sent out today following an eight day trial.
During his closing statement defence barrister Alistair Webster, told Preston Crown Court, that the accounts of a witness caused serious questions.
Mr Webster QC, defending 19-year-old Louise Berry, who denies killing mother Mandy Burton, 30, at their home in Moorgate Street, Blackburn, made the comment about Stephen Champ.
And he suggested that police did not follow through the questions because it did not fit in with the prosecution case.
Mr Champ told the jury, last week, that he left old friend Mrs Burton in the company of Berry at about 8pm on August 11, 2002.
Just over an hour later Mrs Burton was found with her skull smashed and died from her injuries three days later.
But Mr Webster alerted the jury to evidence which indicated Berry was at the nearby canal while Mr Champ was still in Moorgate Street and said that two witnesses had seen him arguing with Mrs Burton on her doorstep.
He added: "I am not going to say he is the killer. There is an insufficient case against him.
"But there remains serious questions about his role, credibility and accuracy which you should give significant cause for thought.
"He was produced from custody to give evidence because of his reluctance.
"Do you remember his demeanour sitting backwards and forwards and smirking? What did that say about his attitude about what he was doing?
"For some reason, police haven't treated him as a suspect at all. They seem to have accepted his alibis.
"Police were aware of the evidence but did not follow it because it didn't fit in with the prosecution case."
Judge Peter Openshaw QC, Recorder of Preston, then summed up the evidence.
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