A Scotsman accused of beating his flatmate to deat

A Scotsman accused of beating his flatmate to death broke down in tears today as he told a court how he was shown the lifeless body.

Mark Johnstone, 31, said he last saw Robert Kelly, 46, snoring loudly by the fire after an evening spent drinking and chatting.

But he was woken the following morning by police entering the flat they shared in Brighton and saw the victim’s battered body, he said.

He was then told by an officer that Glaswegian Mr Kelly was dead, Johnstone told the jury.

Giving evidence at the Old Bailey, he sobbed: ‘When I saw Robert unconscious on the floor, I knew he had taken a beating.

‘To be told your friend is dead and there is nothing you can do about it is not a very good thing.

I was crying.

‘

The defendant and a third housemate Anthony Meenan, 54, both originally from Coatbridge, Scotland, are accused of murdering Mr Kelly at their flat in Brighton, East Sussex, on January 16, 2001.

It is alleged they used the victim ‘like a trampoline’ and repeatedly jumped on him during a late night row before going to sleep.

Martin Johnstone, a brother of the defendant, was also allegedly responsible for the murder, but has since died.

The defendant told the court the four were happily drinking cider and vodka in the flat.

‘We were just sat chatting.

Our voices were no doubt loud,’ Mr Johnstone said.

‘There wasn’t any rowing, no quarrels, nobody was angry.

‘It was an alright atmosphere.

We were all getting on well.

There was no reason for us to have an argument.

‘

Johnstone said he became tired and went to bed falling asleep ‘almost immediately’.

He described waking up in the middle of the night and wandering into the living room for a cigarette.

‘The TV and gas fire was on.

Martin was sprawled on the couch and Robert was lying in front of the fire with a sleeping bag pulled over him,’ he recalled.

‘The only thing I noticed was the loudness of his snoring.

‘

Johnstone said he then went back to bed and the next he recalled was being woken up by the police and shown Mr Kelly’s body.

He told the court: ‘I was more surprised than the police.

You are talking about a good friend of mine.

‘I had just been woken up by the police and told he had been beaten.

‘I was kind of disturbed.

I remember that I had to get up really close to him and I saw that he was out cold.

‘They were saying to him ”Robert, it’s the police” and I felt really sorry for him.

‘It was quite a confused situation.

I was then taken from the flat by a WPC who asked me if she could have a word with me.

‘

He broke down in tears as he added: ‘Half way down the stairs she told me Robert was dead.

‘

Johnstone was then put in a police car and arrested on suspicion of murder, the court heard.

He told the jury: ‘I have never punched Robert about the head or anywhere else.

‘I did not kill him and I did not see anyone else beat or kill him.

‘

A post mortem revealed that Mr Kelly had suffered at least 20 impact injuries to his face and head.

Marks to his back indicated he had been struck with a stick shaped object, the court has heard.

He has also suffered multiple fractured ribs, collapsed lungs and both his liver and spleen were torn.

Forensic experts later matched a pattern from Johnstone’s Reebok trainer to a pattern on the victim’s body.

Mr Kelly, known to friends as Steph, was originally from Glasgow but had lived in Brighton for several years.

Meenan, of Flat 7, (29) West Hill Road, St Leonards on Sea, East Sussex, and Johnstone, of no fixed address, both deny murdering Mr Kelly.

The trial continues.

ends