Witness denies she carried out murder of disabled man

A WITNESS denied yesterday that she had attacked a disabled man in his home leaving him to die and not the man on trial for his murder.

Karen Stubbings had earlier told the jury at Leeds Crown Court that it was Ricky Gelardo who suddenly began punching Alan Atkins, causing him to fall to the floor from his bed.

She said they had gone to Mr Atkins' home in Swan Court, Swan Hill Road, Scarborough, in the middle of the night because she believed her sister was staying with him and wanted to see her.

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After they went in she was told her sister had moved out but said they were then offered a glass of cider by Mr Atkins, who was already in bed. She claimed Gelardo suddenly attacked the 62-year-old.

She said she had tried to stop the attack and propped Mr Atkins up on the floor and he had made a gurgling noise before they left.

Under cross-examination by Franz Muller QC, defending Gelardo, she denied she was the person who had actually punched and stamped on Mr Atkin having "lost it".

"I did nothing to Alan except pick him up," she said.

When asked if she had called an ambulance for Mr Atkin she replied: "No, because I didn't know what to do."

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"Obviously what this man needed was medical assistance, what did you do about it?" he asked.

"I just panicked, I didn't know what to do. I was upset at all I had seen, my head was in bits," she said.

Mr Muller suggested a reason why she had not sought help was "because you did it".

"No I didn't do it," she replied.

Gelardo, 29, who had been staying at Miss Stubbings home in Lismore Road, Scarborough, denies the murder of Mr Atkin.

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The jury has heard the body of Mr Atkin, who suffered from arthritis and was wheelchair bound was found on April 21, five days after the two visited his home.

Home Office pathologist Dr Stuart Hamilton said a post mortem examination revealed Mr Atkin's injuries included 15 fractures to his ribs, fractures to the hyoid bone and thyroid cartilage in his neck, an injury to his spleen, a fracture to his jaw and bleeding over the brain.

A combination of the injuries to his head, neck and chest had caused his death and all were consistent with blunt force trauma, "a fist, a foot, a shoe" not a knife or sharp weapon. They reflected a "significant and violent assault".

He told the jury from the severity of the rib fractures they appeared more likely to be the result of kicking or stamping rather than punches.

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Under cross-examination by Mr Muller he said he was asked to consider the physical profiles of Gelardo and of Miss Stubbings and concluded either of them were physically capable of such an attack.

The trial continues.

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