Judge Philip Katz KC has begun summing up at the Old Bailey in the trial of John Henry Sayers, 62, and his son John Henry Sayers jnr, 29. The pair deny causing grievous bodily harm with intent and the lesser alternative of GBH on Walter Patterson, whom they caught setting fire to a car that had been rammed into their home in Byker, Newcastle.
Prosecution and Defence Arguments
Prosecutors allege that Sayers snr used a machete and Sayers jnr a metal pole to seriously injure Patterson. The father and son maintain they were acting in reasonable self-defence of themselves, their family, and their home.
Judge Katz instructed the jury not to speculate about evidence they have not heard, including the fact that Patterson was not called as a witness. He also addressed the defendants' choice not to give evidence, stating: "You've heard no evidence as to why they chose not to give evidence and you must not speculate as to why he made the choice that he did. There's no evidence either of them was worried about being a grass or snitch."
Judge's Directions on Inferences
The judge explained that the jury may only draw an adverse inference from a defendant's silence if they think it is fair and proper to do so. He emphasized: "The prosecution must prove their case. The defendant doesn't have to prove anything, least of all his innocence. He is entitled to remain silent. You can't draw any inference unless you conclude the prosecution case was sufficiently strong to require an answer from him." He added that the jury may not convict mainly or wholly on the basis of such an inference.
Location of Trial and Background
The jury submitted a note asking why the case is being heard at London's Central Criminal Court rather than Newcastle. Judge Katz replied: "The short answer is the listing of cases is a judicial function."
The judge also began summing up the evidence, reminding the jury that the officer in charge confirmed the Freeman group, allegedly behind a series of attacks on the Sayers, "is not easily deterred." Police said the group is involved in extortion, including of local businesses, and that Sayers snr is a business owner. The judge noted that police had given Sayers snr an official warning that his life was at risk.
Previous Attacks on the Sayers Family
The jury heard about a series of prior attacks on the family, including an arson attack on a retail van in Newcastle city centre in 2022, vandalism of Sayers snr's mother's grave with spray paint, and damage to cars belonging to the Sayers family on January 31.
The judge will continue summing up the evidence on Monday, including the events of February 2 last year, the day of the alleged attack on Patterson. The jury is expected to be sent out to consider its verdicts later on Monday.
The trial continues.
