‘Extremely unusual circumstances’ see suspected killer’s defence withdraw from trial

Defence counsel in the trial of a man accused of causing his girlfriend's death by dangerous driving have withdrawn from the case in "extremely unusual circumstances". Kevin Marsh is currently facing a jury at Liverpool Crown Court after his partner Michelle Atherton died aged 47 on a crash on Broad Oak Road in St Helens on July 5 last year. The 43-year-old defendant, of Gaskell Street in the town, claims he lost control of his car when she "tried to grab hold of the steering wheel" of the Ford Fiesta before a head-on collision with a bin lorry.[1][2][3]

He gave evidence from the witness box on Friday afternoon. On the stand, Marsh stated that he had been drinking gin and snorting cocaine while watching a Bear Grylls show on Netflix hours before the fatal accident.[4] Jurors were due to begin hearing closing statements from the prosecution and defence today, Monday.

But they instead heard that defence barrister Michael O'Brien and his instructing solicitors have been "obliged to withdrawn from the case for good and professional reasons". Judge David Aubrey KC, who has been presiding over the trial, told a panel of four men and eight women this afternoon: "Mr O'Brien, in your absence and I am satisfied for good reason, has indicated to the court that he and his instructing solicitors are obliged to withdraw from the case. I emphasise that, in my judgement, that it is for good professional reasons, but I also emphasise to you, members of the jury, please don't speculate about those reasons.

"As I have already said on at least one occasion, speculation is the enemy of proper and objective assessment. And that is your task in this case, to objectively analyse and assess all of the evidence and ultimately return a true verdict on the evidence in the sole count that is now before you - an allegation of causing death by dangerous driving. "The question then to be posed is, what happens to this trial?

This trial will continue. "I have been making enquiries as far as further legal representation on behalf of the defendant is concerned. The gentleman sitting behind Mr O'Brien, Mr Peter White, has accepted instructions to continue the legal representation of the defendant.

"He, as a solicitor, can instruct a barrister to represent the defendant by making a closing speech on behalf of the defendant to ensure that he is properly legally represented, and for me to be satisfied that a fair trial continue to take place by way of the defendant being legally represented. I am satisfied, albeit in extremely unusual circumstances, that it is in the interests of justice and in the interests of all that the trial continues, but it does mean, as I am sure you will appreciate, that it is essential for a fair trial to continue that instructed counsel have sufficient time to get up to speed." The judge asked the jury to return tomorrow afternoon, Tuesday, when it is anticipated that closing submissions will commence.

It is expected that they will then retire to consider their verdicts on Wednesday. Judge Aubrey added: "Please do not speculate about anything at all. Mr O'Brien, I am satisfied, has withdrawn from the case for good professional reasons, but I am also satisfied that it is absolutely essential in the interests of justice that this case does proceed."

Marsh denies causing death by dangerous driving, but has pleaded guilty to the lesser charge of causing death by careless driving while under the influence of drink or drugs.

The trial continues.

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References

^ Liverpool Crown Court (www.liverpoolecho.co.uk)
^ St Helens (www.liverpoolecho.co.uk)
^ claims he lost control of his car when she "tried to grab hold of the steering wheel" of the Ford Fiesta before a head-on collision with a bin lorry. (www.liverpoolecho.co.uk)
^ Marsh stated that he had been drinking gin and snorting cocaine while watching a Bear Grylls show on Netflix hours before the fatal accident. (www.liverpoolecho.co.uk)
^ Carer pretended to help find widow's missing wedding ring after pocketing it (www.liverpoolecho.co.uk)
^ Don't miss the biggest and breaking stories by signing up to the Echo Daily newsletter here (www.liverpoolecho.co.uk)