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Gay attacker did not deliver the fatal blow'

PUBLISHED: 10:57 20 May 2010 | UPDATED: 10:13 12 August 2010

Pic shows Ian Baynham (victim)

Three teenagers accused of killing a man in Trafalgar Square are due to stand trial today. 19.4.10
Joel Alexander, Ruby Thomas and Rachel Burke are said to have attacked Ian Baynham.
Mr Baynham was on a night out with a friend when he was felled with one blow in what police described as a 'homophobic attack'. 

SEE STORY CENTRAL NEWS. File picture

Pic shows Ian Baynham (victim) Three teenagers accused of killing a man in Trafalgar Square are due to stand trial today. 19.4.10 Joel Alexander, Ruby Thomas and Rachel Burke are said to have attacked Ian Baynham. Mr Baynham was on a night out with a friend when he was felled with one blow in what police described as a 'homophobic attack'. SEE STORY CENTRAL NEWS. File picture

A TEENAGE girl accused of killing a gay man in Trafalgar Square shouted homophobic slurs and kicked him as he lay unconscious, her barrister admitted. But he claimed Ruby Thomas, 18, is innocent because her horrific, shocking and reprehensible attack

A TEENAGE girl accused of killing a gay man in Trafalgar Square shouted homophobic slurs and kicked him as he lay unconscious, her barrister admitted.

But he claimed Ruby Thomas, 18, is innocent because her "horrific, shocking and reprehensible'" attack did not cause the death of Beckenham resident Ian Baynham, who died after being beaten in September last year.

The Old Bailey heard Thomas, of Pass Avenue, Whittington, Litchfield, shouted a homophobic insult at Peter Baynham, 62, before stamping on his head and chest after he was felled by her friend Joel Alexander with a single punch.

Her barrister, Christopher Sallon, said the case had been twisted by "political" pressure.

Speaking to the jury he said: 'It is very important for you to keep a sense of perspective, to resist pressure which comes with a high profile case and above all have the courage and independence to do what is right, even though it is not popular."

Mr Sallon said Thomas had been very drunk and had "needlessly and gratuitously" insulted Mr Baynham.

But he added: "The prosecution has not proved, and cannot prove, that the injuries she may have inflicted when she kicked and stamped on Ian Baynham either caused his death or contributed to it."

Mr Sallon said the jury would find Thomas' behaviour "horrific, shocking and reprehensible."

He added: "These feelings are understandable but emotions are no substitute for evidence. The reality is that the only people who can provide you with an informed view on the cause of death are the doctors."

Defence and prosecution doctors said that the fall could have caused Mr Baynham's death but did not rule out Thomas' kicking him in the head as a factor.

He was rushed to hospital but he never woke up again and died 18 days after the attack.

Alexander, of Talbot Road, Thornton Heath, Burke, of Honeysuckle Cottage, Maxfield Lane, East Sussex and Thomas, all deny manslaughter and violent disorder.

The jury has now retired to consider their verdict.

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