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Harold Hill mum accused of murder ‘had been attacked by victim’

PUBLISHED: 19:00 25 July 2012

Francois and two men deny murder

Francois and two men deny murder

Archant

The boyfriend of a Harold Hill woman, accused with two others of murdering a man on New Year’s Day, has said she had been attacked by the victim.

Carpenter Oliver Smith-Daye died in Clacton, Essex, after an apparent row over noise with those neighbouring a house party he had attended.

Elisha Francois, 21, of Amersham Walk; Charlie Jacobs, 23, of Beach Road, Clacton; and Alan Didier 42, of Renfrew Close, East Ham, have pleaded not guilty to murdering Mr Smith-Daye.

Francois’ boyfriend Jacobs, 23, said: “I woke up to hear Elisha screaming my name and the front door was open - something was wrong.”

He said he went outside and found Elisha “on her backside and her legs flat on the floor.”

He added: “Oliver (Smith-Daye) was standing above her holding her hair and kicking her on her side. Her mother was shouting ‘get off her’.

“I didn’t want to get in trouble, Elisha was my girlfriend, she was pregnant, I wanted to get her indoors and see she was alright.

“I knelt down towards her, and I got punched on the side of the face by him and I stumbled across the garden, and fell.

“He punched me again on the left side of my face and I landed on my bottom. I got back up and he was trying to get back at me again.

“Elisha and [her mum] were trying to stop him. He’s moved back and must have caught himself on the wall and fell over.

“At that point I hadn’t attempted to attack him,”

However, he admitted he then went behind the wall and hit Mr Smith-Daye “four or five times.”

He added: “I thought he was going to get up and start fighting again - I punched him in his back, I was trying to wind him to stop him getting up to fight.”

Carpenter Mr Smith-Daye died from a broken neck.

Jacobs denied landing a single blow on Mr Smith-Daye’s neck and stamping or kicking him.

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