STUART Brett Heath was today found guilty of the murder of Phillip Richard Green following a pub car park fight at Stourport at Hereford Crown Court and handed a life sentence of a minimum of 13 years.

Heath's co-defendant, Derek Gerald Jones, was acquitted on all charges and immediately won his discharge from the dock of the court room in Hereford's Shirehall.

The jury deliberated over three days since going out on Wednesday morning to consider the case, which has been dubbed the Bird In Hand murder.

They returned unanimous verdicts on both defendants, considering the lower charge of manslaughter against Jones but also delivering a unanimous "not guilty" verdict on that charge as well.

Before handing down the sentence, Judge David Matthews told Heath: "I have no doubt that during the evening you were exhibiting real hostility towards Phillip Green.

"Fuelled by a combination of drink and drugs, you lost your temper and self-control. You launched a savage attack on Phillip Green, repeatedly punching him and delivering at least two or three kicks to his face and head when he could not defend himself, those kicks delivered with such ferocity that one left an imprint on his face and the other fractured his skull."

The judge added: "You brought a premature end to the life of Phillip Green and inflicted on his family a life of great distress."

Phillip Green's elderly and unwell father, also Phillip, sat through several of the 19 days for which the case occupied Court Two over a five-week period.

For the Crown, Mr Christopher Millington QC opened his case on July 11, outlining the scene at the Bird In Hand pub, in Holly Road, Stourport, where 45 to 50 football fans had gathered to watch a World Cup football match on a big screen TV.

Mr Millington had told the court Heath had been drinking and smoking cannabis for most of the evening when he left the pub at about 11.30pm and laid in wait for Phil Green on the car park.

Mr Millington said there had been several occasions during the evening, with England winning the match 2-0 against Trinidad and Tobago, as the alcohol flowed and a party atmosphere ensued.

Several witnesses supported evidence that Stuart Heath had intimidated Mr Green by continually staring at him.The pair had also "squared up" to each other and twice Stuart Heath and Mr Green had been separated.

Mr Millington said Heath knew his mother had been in a violent relationship with Mr Green while he was away in prison and that Mr Green had caused his mother to carry bruising on her arms and body.

That relationship had finished in around February last year, four months before the ferocious attack on Phillip Green that led to his violent death, with a complete transverse fracture to the base of the skull, broken right through from one ear to the other.

Mr Millington said he would call witnesses who would give evidence of overhearing Heath saying that he had just come out after serving three years in prison for a violent assault and he would not mind going back to prison.

During period the trial covered most of the week beginning Monday, July 16, was lost because of severe flooding in the region, which affected both court and prison services Mr Millington produced a succession of witnesses in support of his case.

There were, altogether, more than 20 witnesses, including a phalanx of forensic scientists, blood specialists, toxicologists plus three top pathologists regularly used by the Home Office to help solve difficult cases.

On the Court steps, the family and friends of Derek Jones shared in celebrations and champagne corks popped. Despite spending over a year in custody, the shaven-headed Mr Jones walked up to the senior office in the case, Det Sgt Dave Harrison and shook him by the hand.

  • A request by the Shuttle/Times & News for permission to put a photograph of the convicted killer, Stuart Brett Heath, on to our website was refused by West Mercia Constabulary.