Ex-footballer Dalian Atkinson died in August 2016; PC Benjamin Monk denies murder and alternative charge of manslaughter; PC Mary Ellen Bettley-Smith denies committing assault; jury sent home for weekend, deliberations continue Monday
Friday 18 June 2021 18:23, UK
The jury in the Birmingham Crown Court trial of PC Benjamin Monk, who denies murdering ex-Aston Villa, footballer Dalian Atkinson, has been sent home for the weekend and will resume its deliberations at 10am on Monday.
PC Monk denies murder and an alternative charge of manslaughter in connection with the ex-footballer's death in Telford, Shropshire, in August 2016.
The 43-year-old's colleague and former girlfriend, PC Mary Ellen Bettley-Smith, denies committing assault when she struck the former Aston Villa, Sheffield Wednesday and Ipswich Town star with a baton after he was tasered to the ground.
Monk and Bettley-Smith have both told the jury they believed 48-year-old Atkinson was trying to get back to his feet and still posed a threat to them and others.
Counsel for Monk has claimed the ex-footballer was not motionless on the ground when he was kicked twice in the head "as a last resort" after the officer ran out of options.
Defence QC Patrick Gibbs also submitted that the length of a 33-second Taser deployment by Monk was the clearest evidence that it was delivered by mistake "in complete confusion and panic".
Prosecutors claim Monk used unlawful and unreasonable force out of anger, prior to the death of Atkinson, who suffered a cardiorespiratory arrest.
Judge Melbourne Inman QC, sitting at Birmingham Crown Court, has already summed up the law in the case and began to summarise the evidence for the 11-strong jury on Monday.
The judge told the jury that the Crown had to prove three elements for Monk to be guilty of murder - that the officer had used unlawful force, which caused death, and that he intended to kill Mr Atkinson or cause him really serious harm.
Stating that the purpose of the summing up was to help to crystallise the issues for the jury's consideration, Judge Inman told the panel: "It's not up to me - you decide what you accept, what you don't, what conclusions you draw.
"It's what you consider to be relevant that's important, not me."
Evidence from eyewitnesses, other police officers, forensic experts and medical professionals was summed up to the jury on Monday.
Jurors retired to consider their verdicts on Tuesday.
