NO ONE will be tried for the murder of a Burnham dad-of-four after three eyewitnesses gave different accounts of the fight that led to his death.
A prosecutor said all three eyewitnesses got parts of the incident -- in which 35-year-old Beau Robinson died -- ‘plainly wrong’ -- meaning it would be difficult to convince a jury to find defendants Daniel Hicks and Martin Fleming guilty of murder.
After denying murder, Hicks, of Lower Cippenham Lane, Slough, admitted to manslaughter and possession of a knife, while Fleming, of Bideford Spur, Slough, admitted to violent disorder.
They will be sentenced for their crimes at Reading Crown Court later this month, with Hicks, 31, told he will ‘inevitably’ be handed a ‘long’ prison sentence.
It emerged the Crown Prosecution Service would accept guilty pleas to the lesser offences on what was supposed to the first day of the murder trial on Monday, February 7.
At another hearing on Tuesday, February 8, prosecutor James Lofthouse explained how the Crown settled on what happened near Mr Robinson’s home at Wyndham Crescent in Burnham on June 20, 2021
He said: “After careful consideration, the Crown have taken the view it would acceptable to take these pleas and not proceed to trial on count one [murder].
“This was a difficult case in a number of respects. In particular, there were three eyewitnesses who all saw this incident.
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“All three described it quite differently. That can happen with incidents such as this.
“From the Crown’s point of view, all three got elements [of the incident] plainly wrong.
“That is abundantly clear from the CCTV [footage].”
Mr Lofthouse said four to five seconds of the incident was not captured on CCTV footage.
“We can not be sure what happened there.
“Given the need to prove intention, that posed significant difficulties.”
Mr Lofthouse described what happened on the day of Mr Robinson’s death, which was Fathers Day 2021.
He said: “This was a pre-arranged meeting between Beau Robinson and Daniel Hicks.
“A WhatsApp exchange had taken place in the hour beforehand in which they said they were going to meet.
“Beau Robinson had said ‘let’s do this’. Daniel Hicks came to the scene with three others including Fleming.”
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Reading Crown Court heard how Hicks dropped the knife he had brought with him as he came together with Robinson.
Hicks grabbed Robinson and started to punch him in the head. Robinson struck Hicks with a baseball bat.
Hicks then raised his knee towards Robinson’s stomach.
“This action was a possible cause of the tragic injury that ultimately proved to be the cause of his death”, Mr Lofthouse said.
“It was an unusal injury to be sustained in an incident such as this.”
The court heard how Fleming, 20, joined the incident sometime after Hicks and ‘leaned in with a bottle but ‘not in a forceful motion’.
Fleming then disappeared behind a bush before running away, according to CCTV footage.
“His involvement was fleeting”, Mr Lofthouse said.
The prosecutor said ‘a degree of mockery’ could be detected in a series of WhatsApp messages Hicks sent to Beau Robinson after the incident.
“The tone did not suggest at that stage he thought he had caused any serious injury [to Robinson]”, Mr Lofthouse said.
His Honour Judge Paul Dugdale said it was a “shame” it had taken until the first day of the trial for the prosecution and defence to come to an agreement on pleas.
Richard Wormald, defending for Mr Hicks, said the reason behind the delay was that because his client had a change of representation and there were difficulties in visiting him in prison.
The Judge set a sentencing date for the duo of February 28.
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“I want to sentence on a date as soon as possible because it gives closure to everybody and especially the family of the deceased”, Judge Dugdale said.
Addressing Hicks, the judge added: “It is inevitably going to be a long sentence I end up giving you.
“[Beau Robinson’s death] arose during an incident of unlawful public violence in which you played an active role.
“I need to know a little bit more about you before I sentence you. I need to work out if you pose a danger to the public in the future.”
“It is inevitable you will serve a long custodial sentence.”
Addressing Fleming, the judge added: “It was a violent disorder that was taking place during the overall incident.
“I accept you are not causally linked to the death but you were part of that violence in which [Beau Robinson] received the injuries from which he died.”
Detective Inspector Sally Spencer, of Thames Valley Police’s Major Crime Unit, said: “First and foremost, our thoughts are with the family and friends of Beau Robinson, who tragically died as a result of this incident last year.
“On the first day of the trial Hicks has admitted responsibility for Beau’s death, although denied murder.
“Hicks has pleaded guilty to manslaughter, and this was accepted by the prosecution and he will now be sentenced for his actions.
“Fleming was also present at the scene of the altercation and today admitted his involvement in the incident and has admitted violent disorder.
“The prosecution has accepted this plea also, and he too will have to face the consequences of his actions.
“I would like to pay tribute to the family and friends of Beau, who have had to endure months of heartbreak while we investigated this incident and prepared for a trial. Beau’s family continue to be supported by Specially Trained Officers.”
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