Man could have 'lost balance' before fatal injury

Dr Jason Waite was in a long-running legal battle with his stepfather over his mother's estate, a trial heard

An 87-year-old man who was allegedly killed by his stepson in a dispute over a cottage could have lost his balance on an uneven driveway, a jury was told.

Prosecutors claim Dr Jason Waite, 54, "hated" his stepfather, Peter Skilton, following a long-running legal battle over his mother's estate in Snitterby, Lincolnshire, which was valued at more than £5m.

Lincoln Crown Court heard Mr Skilton died from a head injury after he was pushed to the ground by Dr Waite.

Pavlos Panayi KC, prosecuting, said the incident on 17 December was witnessed by two new tenants who had moved into the cottage the previous night.

Jurors heard the cottage was let by Mr Skilton who had been left the property by his late second wife, Eileen Skilton, who died in 2018, aged 74.

'Matter of seconds'

Jurors heard the new tenants of the Ivy House cottage, Anthony and Pamela Tootell, began moving in on 16 December, and Dr Waite arrived at the property the next day.

Under cross-examination from defence barrister James Horne KC, Mrs Tootell, 63, admitted her first impression of Jason Waite "was not a good one" and described him as "a bit rude and arrogant".

Mr Tootell, 69, told the court he had rung Mr Skilton and told him: "Your stepson's taking all your mother's possessions out of the house."

Mrs Tootell said she accepted the start of the tussle was when Mr Skilton grabbed a chair which Dr Waite was holding and tried to pull it away.

She agreed each man was keeping hold of the chair and that part of the chair hit Dr Waite.

Mrs Tootell told police that she believed Dr Waite thought Mr Skilton was getting aggressive, and that it was immediately after this that he began pushing Mr Skilton.

She admitted "it all happened in a matter of seconds" and that Dr Waite did not shout or scream any threats towards Mr Skilton.

'Lost his balance'

"Is it possible Peter lost his balance as he was being pushed backwards in the area where the gravel stones met the concrete lip?" Mr Horne asked the witness.

Mrs Tootell replied: "Is it possible, yes."

She accepted Dr Waite immediately stopped after Mr Skilton fell and remained at the scene, providing his name.

Mr Tootell confirmed that Mr Skilton was over 1.8m (6ft) in height and much taller than Dr Waite.

During the tussle, Mr Tootell accepted both men were going along the gravel section of the drive but denied the defence suggestion that Mr Skilton fell in the area where it met the concrete lip.

Mr Horne then asked Mr Tootell: "It's perfectly possible that Mr Skilton lost his balance as he was pushed backwards?"

Mr Tootell replied: "Any things possible I suppose, I didn't see that."

Dr Waite, of Church Lane, Waddingham, denies murder and an alternative charge of manslaughter.

The trial continues.

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