Intruder says he did not intend to kill Freda Walker, 86

  • Published
Mr and Mrs WalkerImage source, Bolsover District Council
Image caption,

Freda Walker died at the scene while Ken Walker was critically injured

A man who assaulted and tied up an "elderly and defenceless" couple has told jurors he did not intend to kill either of them.

Freda Walker died after being attacked by Vasile Culea while her husband Ken Walker survived but has since died from an unrelated cause.

Giving evidence, Mr Culea said he entered their home in Derbyshire intending to steal money from them.

He admitted punching them both but said he did not mean to seriously hurt them.

His barrister, Clive Stockwell KC, asked him: "Were you right or wrong to punch Mr and Mrs Walker?"

Speaking via a Romanian interpreter, he replied: "I was wrong."

"Did you intend to cause Mrs Walker really serious harm?" Mr Stockwell asked.

"No," Mr Culea replied.

"Did you mean to cause Mr Walker really serious harm?" Mr Stockwell asked.

"No," Mr Culea replied.

Mr Stockwell then asked Mr Culea if he intended to kill either of them, and he again replied no.

Image source, Helen Tipper
Image caption,

Vasile Culea was asked questions by his barrister Clive Stockwell KC

Mr Culea, who is 34, has admitted the manslaughter of 86-year-old Mrs Walker but denies murdering her.

For him to be guilty of murder, the prosecution must prove he intended to either kill her or cause grievous bodily harm.

Mr Culea also denies the attempted murder of Mr Walker, who was 88, and an alternative charge of causing him grievous bodily harm with intent.

Mr Culea attacked the couple - described as "elderly and defenceless" by the prosecution - at their home in Station Road in Langwith Junction on the evening of 14 January.

'Despaired' over money

The trial at Derby Crown Court has heard Mr Walker had previously taken out £30,000 in cash for home improvements and put it in various places across the house.

In his evidence, Mr Culea said he planned to search their home for cash after overhearing two strangers talking about a "wealthy house" in the village.

Mr Culea, who was already overdrawn by £11,000, told jurors he had gambled away £280 at various betting shops on the day he attacked the couple.

This was also supported by CCTV evidence which showed him visiting the betting shops.

"I started to become despaired and I remembered a conversation I heard between two people who were talking about a wealthy house that could have been broken into," he told the court.

Image source, Betfred
Image caption,

CCTV footage captured Mr Culea in Betfred on the day he attacked the couple

He told jurors how he went to find the house and entered via the back door, which he claimed was unlocked.

However, the prosecution believe the "most likely scenario" is that Mr Culea forced his way in when one of the couple opened the back door to let their cat in or out, as they did not have a cat flap.

Mr Culea told jurors Mr and Mrs Walker both fell to the floor after he punched them both.

He said he stepped on Mrs Walker after he slipped over and got up, but denied kicking her or stamping on her.

He told jurors he tied both of them up by their wrists and ankles then searched the house for cash. He said he found £300 in a handbag and took this.

Mr Stockwell asked him: "As you left the house, what state did you believe that Mr and Mrs Walker were in?"

He replied: "She was breathing. He was moving his legs."

Image source, Derbyshire Police
Image caption,

CCTV also captured Mr Culea walking in Station Road before he entered the couple's home

Prosecution barrister Michael Auty KC has begun cross-examining Mr Culea, and asked him to look at photos of Mr Walker's injuries.

He was found lying in a foetal position underneath the dining room table. There was a gag in his mouth, something tied around his neck, and he was bleeding from facial injuries.

His hands were tied in front of him at the wrists, his knees were tied together, and his hands were tied to his knees.

He had extensive injuries, including brain haemorrhages. The prosecution said his brain injuries were so significant he could have died from them.

"You did that to him, didn't you?" said Mr Auty.

"Yes," replied Mr Culea.

"And you knew that this was a very elderly man, didn't you?" said Auty.

"Yes," replied Mr Culea.

"Are you seriously suggesting you didn't intend him, at the very least, really serious harm?" asked Mr Auty.

"Yes," replied Mr Culea.

"You knew that just as babies are, old people are particularly vulnerable and fragile, aren't they?" said Mr Auty.

"Yes," replied Mr Culea.

Image source, Derbyshire Police
Image caption,

Mr Culea was captured walking away from the scene in a high-vis jacket

Mr Auty also asked Mr Culea to look at photos of Mrs Walker's body.

She was found lying face down on the kitchen floor in a pool of blood. Her hands were bound behind her body, she was gagged, and she had plastic bags and a pillowcase over her head.

However, Mr Culea has denied gagging her or covering her head.

"Are you seriously suggesting that somebody else came into the house, found Freda and Ken tied up, gagged them, and put those coverings over Freda's head?" Mr Auty asked.

"I don't know," Mr Culea replied.

"It's nonsense, Mr Culea, isn't it? You know you did it," Mr Auty said.

"I did not," Mr Culea replied.

A post-mortem examination showed that Mrs Walker had multiple blunt force injuries, predominantly to the head and face, but also to the limbs and torso.

Her cause of death was brain injuries. The pathologist thought it was likely she was alive for at least an hour after being assaulted, and that she could have survived if she had not been left without help, and with coverings obstructing her airway.

'You wanted Freda dead'

Mr Auty pointed out that Mr Culea's fingerprints had been found on a roll of black bin bags found at the house.

"Mr Culea, you took those bags off that roll and bound Freda's head, didn't you?" he said.

"No," Mr Culea replied.

"You wanted Freda dead, because she could identify you otherwise, couldn't she?" Mr Auty said.

"No, that's not true," Mr Culea replied.

The trial continues.

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