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Giles Metcalfe 'set on fire with lighter fluid' in Torrington car park:Court

A homeless man died after being doused in barbecue lighter fluid and set on fire as he slept in a multi-storey car park, a court heard today.

Giles Metcalfe was in a sleeping bag in a first-floor stairwell at the Torrington car park in Tunbridge Wells, when it is alleged Dean Lewis, 34, and James Marshall-Gunn, 30, murdered him.

The 43-year-old's badly burnt body was discovered by firefighters shortly after 3am on March 7.

Giles Metcalfe
Giles Metcalfe

A jury at Maidstone Crown Court was told Mr Metcalfe was separated from his wife and just a few hours before his death he sent her a text which said: "Settling down for the night. It's all good xx."

But, Lewis, who was also a rough sleeper, later claimed that Mr Metcalfe had been 'acting weird' and poured lighter fluid over himself while holding a cigarette.

The cause of death was inhalation of fumes and burns.

He was almost three-and-a-half times the legal drink-drive limit and a pathologist concluded Mr Metcalfe would have been 'relatively oblivious' to whoever was with him and what was happening.

An open bottle of barbecue lighting fluid and two lighters were found close to Mr Metcalfe's body.

The court was told the most likely source of ignition for the fire was a naked flame being held to the sleeping bag.

Traces of paraffin were also found on his jeans, upper clothing and socks, as well as on a pair of shoes found at Lewis's address after he was arrested.

Dean Lewis is charged with murder
Dean Lewis is charged with murder

During his opening, prosecutor Philip Bennetts QC said Mr Metcalfe's medical records contained no history or mention of him having suicidal thoughts, feelings or tendencies.

Lewis, of no fixed address, and Marshall-Gunn, of Hadlow Road, Tonbridge, deny murder.

CCTV footage of their movements showed they met up with Mr Metcalfe earlier in the evening to buy whiskey from a Sainsbury's store. They were later seen together in the car park in Vale Road.

Lewis and Marshall-Gunn were caught on camera leaving at 1.20am, only to return at 2.07am. They left again just six minutes later, having set Mr Metcalfe on fire, the prosecution alleged.

The jury was told the fire could be seen on CCTV reflected on a shutter outside the train station opposite the stairwell.

"We make the point, for your consideration, why go into the car park for that short amount of time? Why, when they go into that car park for that short amount of time, does the fire start?

"And why, after being in the car park for that short amount of time, did they leave?" said Mr Bennetts.

The car park was sealed off by police after Mr Metcalfe's body was found
The car park was sealed off by police after Mr Metcalfe's body was found

"We submit on the evidence for your consideration that you can draw a proper and safe inference that together they went in to kill Mr Metcalfe by fire. What other explanation can there be? In, fire, out."

Explaining possible motives for the murder, Mr Bennetts told the court that the three men were joined during the evening in the stairwell by Lewis's girlfriend, Vivien Martin, and another woman, Michelle Sharp.

Lewis, it was said, was 'not happy' when Mr Metcalfe invited Ms Martin into his sleeping bag, and it is claimed she also told Lewis when they left the car park to buy cigarettes that Mr Metcalfe was a paedophile who 'likes taking kids out of playgrounds'.

Mr Bennetts said there was 'not a word of truth' in her allegations, but he told the jury: "You will know how inflammatory such comments can be."

Lewis, formerly of Grange Gardens, Rusthall, Tunbridge Wells, was arrested on March 8 and when told why he replied: "That's the worst thing I've ever heard."

In a prepared statement he denied killing Mr Metcalfe or starting any fires. Lewis told police Mr Metcalfe 'usually slept out of the way' and was going to bed down behind Highlands House in the town.

Police cordoned off Torrington car park after the alleged murder
Police cordoned off Torrington car park after the alleged murder

But he offered him his sleeping bag in the car park and together with Marshall-Gunn they started to drink.

Lewis then said: "Giles started saying lots of really weird stuff. I have never heard him talking like that. He was talking weird. Giles then poured lighter fluid all over himself. This freaked me out and I left."

Marshall-Gunn was arrested on March 12. When charged with murder he replied: "I'm not guilty."

The jury, defendants, judge and legal teams will go to Tunbridge Wells tomorrow to view the murder scene.

The trial is expected to last up to three weeks.

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