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Stuart Porter and teenager accused of murder of David Young on New Year's Day face alternative charges

18 July 2013
by Keith Hunt
David Young with his daughters Aliyah and Latia

David Young with his daughters Aliyah and Latia

Two teenagers accused of the murder of dad-of-two David Young and wounding with intent of John-Paul Smith in the early hours of New Year’s Day are now facing further alternative charges.
Stuart Porter, 18, of Buttermere Close, Gillingham, and a 17-year-old, from Gillingham, who cannot be identified for legal reasons, entered not guilty pleas to the manslaughter of Mr Young and unlawful wounding of Mr Smith.
Maidstone Crown Court has heard Mr Young, 28, his partner Kirsty Bryant, his brother Aaron, Mr Smith and another couple were walking home to Gillingham after celebrating New Year’s Eve at the Casino Rooms in Rochester.
They clashed with the teenagers in Windmill Road, Gillingham, which ended with Mr Young, of Beatty Avenue, Gillingham, being stabbed in the left thigh.
He was taken to nearby Medway Hospital but the blade had severed an artery and he died on January 5.
Flowers at the spot in Windmill Road, Gillingham, where David Young was stabbed

Flowers at the spot in Windmill Road, Gillingham, where David Young was stabbed

Alan Kent, QC for Porter, said in his closing speech to the jury that the teenager ended up on the ground “getting a kicking” when his friend went to his aid and lashed out with a blade that inflicted the fatal wound to Mr Young.
Prosecutor Simon Taylor told the jury of nine men in his final speech it was alleged the younger youth stabbed Mr Young and Porter knifed Mr Smith in the chest, close to his heart.
Mr Kent said Mr Taylor had told jurors he hoped they would find both teenagers guilty of the charges.
“That simply isn’t good enough,” he said. “It is akin to saying he is dead and they have got to pay for it.”
The prosecution had to prove the act was unlawful. “It is not unlawful if done in reasonable self-defence,” he said. “In one-and-a-half hours this morning the Crown said nothing to address that issue.”
Maidstone Crown Court
Mr Kent said there was no suggestion it did not happen in the way the 17-year-old claimed.
“The Crown did not mention self-defence,” said Mr Kent. “The reason is because they have nothing. If you have got nothing, you say nothing.
“The Crown’s case is there is a second knife being used by Stuart Porter. Where is the knife? He didn’t have one. It is a fallacy.
“It is a hope by the Crown that he had a knife, because there is not a jot of evidence to support any contention Stuart Porter had a knife.
“There has not been a scrap of evidence to rebut that Stuart Porter was given a kicking. So murder falls at the first hurdle.”
Porter did not go into the witness box to give evidence.
The jury is expected to retire to consider verdicts tomorrow.

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