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Three on trial accused of murdering James O'Rourke at flat in Shipwrights Avenue, Chatham

A row over the theft of drugs led to a homeless man being killed and his half naked body dumped in the stairwell of a block of flats, a court heard.

James O’Rourke was attacked and tied up with twine after Caroline Rushworth accused him of stealing her last heroin, it was alleged.

Rushworth, 34, Neil Taylor, 36, and Daniel Fox, 35, were all present when 29-year-old Mr O'Rourke was assaulted at Caulkers House in Shipwrights Avenue, Chatham.

James O'Rourke
James O'Rourke

All three deny murder.

Prosecutor Philip Bennetts QC said a resident discovered the victim’s bloody body on the stairs between the fourth and fifth floors at about 7.20am on Monday, August 28 last year.

“The prosecution is these three defendants, acting together, killed Mr O’Rourke,” said Mr Bennetts.

Bloodstaining in Rushworth’s flat on the fifth floor was consistent with Mr O’Rourke being assaulted in the kitchen at a low level.

There had been cleaning of the blood and the victim’s shoes were recovered from a bin in the basement area at the flats.

Mr Bennetts told the jury of six men and six women that Rushworth, Taylor, both of Caulkers House, and Fox, of no fixed address, gave varying accounts of what happened, but none accepted causing Mr O’Rourke’s death.

Fox accepted tying Mr O’Rourke with twine at some stage in the flat. When arrested the victim’s blood was found on the clothes he was wearing – on a sleeve of his T-shirt and the right leg of his jogging bottoms.

Mr O'Rourke's body was found at the block of flats.
Mr O'Rourke's body was found at the block of flats.

Footprints from his trainers were in blood on the kitchen floor. Taylor’s fingerprint was found on a beer can in a bin at the flat.

All three had been together and were seen on CCTV footage at the flats. The last sighting of Mr O’Rourke, together with Rushworth and Taylor, was at 10.43pm on August 26.

The next day Rushworth and Taylor were seen to leave and return to the address, changing their clothing throughout the day.

“Both were present when a noise was heard consistent with the movement of Mr O’Rourke’s body from the flat to his final resting place on the stairs,” said Mr Bennetts.

“When the police arrived, having been alerted to his body on the stairway area, Taylor and Miss Rushworth lied about their knowledge of the deceased.”

Taylor admitted kicking Mr O’Rourke and moving him from the flat to the stairs. Rushworth was present in the flat at the time of the assault. She told police Mr O’Rourke had taken her last heroin.

The victim’s blood was on Rushworth’s shoe and jogging bottoms.

Fox gave an account of waking up to an argument about drugs. Mr O’Rourke was wrestling with Taylor and appeared to be getting the better of him.

The body was discovered at the block of flats
The body was discovered at the block of flats

Fox said he grabbed hold of Mr O’Rourke and pulled him into the kitchen, where he fell to the floor. At some stage he tied him with twine.

Taylor told police he asked Mr O’Rourke to leave after Rushworth accused him of taking her drugs. There was an altercation, he said, and Mr O’Rourke attacked him.

Taylor claimed Fox became involved, taking the victim to the kitchen and beating him badly and stamping on him repeatedly. Taylor said he pulled Fox off.

Fox, he said, grabbed a knife and started cutting Mr O’Rourke’s chest or stomach. Taylor said he took the knife from Fox. He added that Fox tied Mr O’Rourke’s legs with rope.

Rushworth said an argument about drugs developed into a fight. She claimed she went into her bedroom and did not participate in the attack.

Mr Bennetts said a post mortem examination revealed Mr O’Rourke had 30 injuries, including eight fractures to his ribcage and a 30cm long “double track injury” down the centre of his chest. There were ligature marks around both legs.

The victim had multiple blunt injuries to the head, trunk and limbs and lacerations and bruises to his face. There was a significant head injury.

Mr O’Rourke had consumed alcohol and used heroin and cocaine. The cause of death was traumatic brain injury with the inhalation of gastric contents.

Mr Bennetts said a doctor concluded that some of the injuries to the face were caused by a sander used as a weapon. An iron bar may have been used as well.

The trial continues.

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