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Dean Lewis and James Marshall-Gunn apply to have Giles Metcalfe car park murder charge thrown out

Two men accused of murdering homeless Giles Metcalfe after his body was found in a multi-storey car park are applying for the charge to be dismissed.

Dean Lewis and James Marshall-Gunn were expected to enter pleas when they appeared at Maidstone Crown Court today.

But the hearing was adjourned at the request of both prosecution and defence lawyers.

Giles Metcalfe

Giles Metcalfe

Lewis, 34, and Marshall-Gunn, 30, are alleged to have killed Mr Metcalfe, who was 43, on his first night sleeping rough at Torrington car park in Vale Road, Tunbridge Wells.

His body was found in a first-floor stairway in the early hours of March 7 after a fire.

Judge Philip Statman heard Marshall-Gunn, of Hadlow Road, Tonbridge, had mental health issues and was currently at the Trevor Gibbens psychiatric unit at Maidstone Hospital.

The judge was also told lawyers for Lewis, of no fixed address, had applied for the murder charge to be dismissed.

A similar application may also be made for Marshall-Gunn, said his lawyer Philip Sinclair.

A hearing to decide the issue will be held on June 19. A provisional trial date has been set for September 6.

Lewis and Marshall-Gunn appeared in the dock separately at the request of Mr Sinclair.

Police cordoned off Torrington car park after the alleged murder

Police cordoned off Torrington car park after the alleged murder

Prosecutor Philip Bennetts QC said Mr Metcalfe, who was from the Tunbridge Wells area, died from “fume inhalation”. It was revealed at a previous hearing that an accelerant was used to start the fire.

Mr Metcalfe’s family described him as “a kind and generous man”.

“We are devastated and shocked at what has happened to Giles and the way he has died, the family said in a tribute.

“Giles was loved very much by family and friends. He was kind at heart and very generous. Giles loved all animals and will be missed by all that knew him in and out of his workplace.”

Torrington car park featured in another murder case after the body of teenager Terry Edmonds was found inside a suitcase in 2006.

After three trials, vagrant Philip Bell, then 23, was jailed for life in 2009 with a minimum term of 28 years

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