Simon Birch death: Adam Jenkins denies Christmas Day murder

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Simon Birch died on Christmas dayImage source, Family photo
Image caption,

Simon Birch suffered a "catastrophic loss of blood" in the attack at a Christmas day family gathering

A man cut the throat of his sister's partner at a family's Christmas celebration, a court has heard.

Simon Birch, 39 was fatally wounded at the home of Adam Jenkins in Newbottle, Sunderland, at about 23:20 GMT on 25 December 2021.

Mr Jenkins, 35, denies murder and manslaughter at Newcastle Crown Court.

Prosecutor Francis Fitzgibbon KC said there had been family argument which Mr Jenkins "did not start but brought to a violent conclusion".

In his opening statement, Mr Fitzgibbon said Mr Birch and his partner Emma Jenkins had been at her brother's home celebrating Christmas.

The couple's relationship had "not always been a happy and stable one" with "incidents of domestic violence" which the family was aware of, he said.

The day had been "happy and relaxed" until the evening when "things got out of hand" in the home bar, the jury was told.

Image caption,

The family had been celebrating Christmas at defendant Adam Jenkins' home

Mr Fitzgibbon said there was a suggestion there had been a "simmering tension" between Ms Jenkins and Mr Birch throughout the day and she was guided to the house to go to bed, with Mr Birch following to another room a short while later.

But Mr Birch got up after being woken by the noise of another guest falling over on the stairs and went into Ms Jenkins' room and "slapped" her on the head, the court heard.

She then ran downstairs pursued by her partner, Mr Fitzgibbon said.

Mr Jenkins, who ran a successful bricklaying agency business, had gone to bed but was roused by the sound of the melee, the court heard.

He had a fight with his sister's boyfriend before being ushered into the kitchen, while Mr Birch was taken outside.

Mr Fitzgibbon said Mr Jenkins grabbed two sharp knives and a bread knife and went out into the yard where he approached Mr Birch.

Jurors watched CCTV footage of the defendant vaulting over a waist-high wall and approaching Mr Birch.

'I've killed him'

Mr Jenkins "drew" a knife across Mr Birch's throat causing a "catastrophic loss of blood" and "unsurvivable injuries", the court heard, with the attack caught on camera.

Mr Fitzgibbon said regardless of how "badly" Mr Birch had acted in the house, at that point he was calm and "posing no threat to anybody".

The court heard Mr Jenkins' partner Natalie Shaw had already called 999 over the "domestic incident" and ran out to Mr Birch's aide with Mr Jenkins taking over the phone.

She pressed her hands against the victim's neck and asked Mr Jenkins what he had done, to which he replied "I've killed him", the court heard.

Jurors were played audio from the 999 call during which Mr Jenkins started crying. He used his shirt to try and stem the flow of blood, Mr Fitzgibbon said.

Call operators heard Mr Jenkins say Mr Birch had tried to stab him first but the jury was told the victim was unarmed and the defendant was "not acting in lawful self defence".

Mr Birch was declared dead at the home shortly after midnight.

In his first police interview, Mr Jenkins said he could not remember the actual stabbing but recalled seeing Mr Birch and Ms Jenkins fighting and Ms Shaw getting dragged between them.

In his second interview he replied no comment to most questions, the court heard.

The trial, which is expected to last three weeks, continues.

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