'I never meant to hurt him' Oldham murder accused tells jury

Lee Burns, of Worsley Street, Oldham, denies the murder of 45-year-old father Vincent McDonagh on Abbey Hills Road on November 9 last year.

The pair were walking home from the Manor Inn pub when an altercation took place, with Burns, 38, twice punching and stamping on the head of Mr McDonagh while he was on the ground, which lead to his death.

During cross-examination at Manchester Crown Court yesterday (May 15), Burns denied he was trying to cause Mr McDonagh serious harm, insisting that he believed at the time the now-deceased man was in possession of a knife and intended to stab him.

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The defendant claimed Mr McDonagh attacked him first and that he carried out the violence because he believed Mr McDonagh was still a threat while he was on the ground.

When prosecutor Robert Hall asked Burns if he was trying to cause serious injury or harm to Mr McDonagh, Burns denied this.

He admitted to the court on Tuesday that he was "fed up" of Mr McDonagh's behaviour that night and on Wednesday told the court he was "frustrated" in the moment, but denied that he was angry.

Burns, represented by Richard Littler KC, claimed Mr McDonagh was still conscious as he walked away from the scene and that he repeatedly looked back to see if Mr McDonagh would get up as he walked up Abbey Hills Road.

When Mr Hall asked Burns why he walked away instead of running away from Mr McDonagh, he said it was because the latter had stopped talking and shouting.

Burns said he "didn't think he (Mr McDonagh) was hurt that bad" and told the court: "I do apologise for what's happened to him.

"I never meant to hurt him, I never meant to kill him."

Burns claims he thought he had called an ambulance for Mr McDonagh after realising he had not gotten up, but that he either didn't dial 999 properly or had an issue with his sim card.

Mr McDonagh with his son and fiance, Demi Sykes (Image: GMP)

Mr Hall said that when Burns returned to the property on Worsley Street where he and Mr McDonagh resided, he spoke to Karl Winterbottom, the partner of the bottom floor resident, David Mark Heaps.

The prosecutor said that Burns said to Mr Winterbottom: "You're going to get yourself in trouble, don't go banging on the doors again, next time you're getting banged out, simple."

Burns claimed he was referring to comments Mr McDonagh had previously made to Burns, and that the deceased had an issue with Mr Winterbottom's behaviour in the property.

In his evidence yesterday, Mr Heaps said that when Burns had returned from the pub, he said to Mr Heaps that he thought he had killed Mr McDonagh.

Burns denied this when it was mentioned by Mr Hall, however, Judge Alan Conrad KC pointed out that Burns' defence had not challenged Mr Heaps when he said it, meaning they did not dispute it.

Burns denies murder and an alternative count of manslaughter.

The trial continues.