Murder accused says he battered man in defence

Family handout John Smyth, a well-built man with short dark hair wearing a black suit with white shirt and blue tie. He appears to have confetti scattered on his shoulders and a white flower in the lapel of of his jacket.Family handout
John Smyth died in Wallsend in September

An alleged burglar accused of murdering a man who was trying to intervene in a break-in has told jurors he lashed out in self defence.

John Smyth, 63, suffered multiple fatal injuries to his head as he was attacked near his home in Wallsend, North Tyneside, in September, Newcastle Crown Court heard.

George Ness, 41, denies murder, aggravated burglary and possessing a knife.

Mr Ness told jurors he had gone to Mr Smyth's neighbour's home to buy drugs and feared he would be killed.

The court previously heard Mr Smyth was staying over at his neighbour Bridi Nye's home on Holly Avenue on the night of 21 September.

Shortly before 05:00 GMT on 22 September, Mr Ness attempted to smash his way into Ms Nye's home to get money from her, prosecutors said.

Mr Smyth ran into the backyard to confront the burglar but was repeatedly struck around the head with a wooden plank, with the attacker searching his pockets and stealing his mobile phone as Mr Smyth lay dying, the court heard.

Google Street view of the back of a row of red brick terraced houses with backyards surrounded by brick walls and black gates. Several of the two-storey houses are actually divided into flats with metal staircases descending from first-floor white doors. Several green wheelie bins are lying on their sideGoogle
John Smyth was fatally injured in the backyard of a house in Wallsend

Taking to the witness box, Mr Ness, of Avon Avenue in North Shields, said he had gone to Ms Nye's house to buy crack cocaine with an associate.

He said he became angry because he thought Ms Nye, who has previously denied to jurors that she was a drug dealer, was trying to "rip us off", so he picked up a brick and smashed a kitchen window.

Mr Ness said his memory of what happened was about "70%" but both he and Ms Nye were shouting at each other.

He denied he was trying to get into her home, adding it would have been "impossible" for him to even attempt to do so due to the small size of the window.

An imposing court building made from light red stone with large dark windows and a silver roof
George Ness is on trial at Newcastle Crown Court

Mr Ness said he was leaving her backyard when "all of a sudden" he saw Mr Smyth approaching with a "shiny" object in his hand and shouting he would "stab" or "kill" him for "smashing his lass's window".

When asked by his barrister Toby Hedworth KC what he thought would happen, Mr Ness said: "I thought he was going to stab and kill [me]."

He said he did not know who Mr Smyth was but believed Ms Nye had "phoned one of her drug dealer pals to come and help her".

He said Mr Smyth "started swinging" at him so Mr Ness picked a piece of wood up as he "just wanted him to stop".

"Did you have time to carefully consider what you were doing?" Mr Hedworth asked.

"No," Mr Ness replied, adding: "I wanted him to stop, I was scared, I thought he was going to kill me."

He said he was not sure how many times he struck Mr Smyth with the plank of wood but he saw the man collapse in a pool of blood and panicked.

He admitted taking Mr Smyth's phone and then running away to hide under a bush.

The trial continues.

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