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<url:http://news.bbc.co.uk/1/hi/england/beds/bucks/herts/3857567.stm>
Man cleared of murder with spoon
A judge had to clear a court after an outburst when a man was cleared
of murdering another man, by hitting him on the head with a dessert
spoon.
Family and friends of Timothy Magee shouted at the jury who returned
the not guilty verdict at St Albans Crown Court on Thursday.
Richard Clare, 31, a heroin addict was cleared of murder and an
alternative charge of manslaughter.
He was also cleared of causing actual bodily harm to another man.
The court had heard Mr Clare used the spoon to inflict a fatal wound
on Mr Magee, 38, in a row over a mobile phone on 28 November last
year.
Mr Clare hit Mr Magee on the back of the head with the spoon after he
had taken the mobile phone from a third man.
The spoon's impact ruptured an artery and caused fatal bleeding in the
area between his skull and brain.
Self-defence claim
On the day of the incident, Mr Clare climbed out of a window at Vale
House Drug Rehabilitation Centre, Hertford and took a taxi to disabled
James Gibson's home in Blythway House, Welwyn Garden City.
He was not able to collect cash that he thought Mr Gibson owed him,
but admitted to stealing the man's phone in a bid to swap it for some
heroin.
Later, Timothy Magee, an acquaintance of Mr Gibson, joined him and
tried to get the phone back.
Mr Clare said he was acting in self defence after being butted by Mr
Magee and suffering blows from Mr Gibson's walking aid.
The jury was told that Mr Gibson had also died.
Mr Clare denied murder and causing actual bodily harm to James Gibson.
He admitted stealing the phone and was jailed for seven days by Judge
Findlay Baker QC. Time spent on remand meant he was to be released
immediately.
Guy
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