THE jury in a trial of a father and son accused of falsely imprisoning a teenager and using a stun gun on him, has been told to avoid the "ghastly, horrible possibility" of convicting two innocent men.
Defence barrister Dan Cordy said the case against Trevor Anthony Thirlwall, 53, and his son, Trevor Peter Thirlwall, 30, was based on "innuendo and smear", and claimed the prosecution had failed to provide any credible evidence to support the allegations.
Judge Les Spittle will complete his summing up this morning before the jury of eight women and four men is sent out to deliberate.
The Thirlwalls are accused of falsely imprisoning then 16-year-old Robert Phillips and assaulting him between October 1 and November 8, last year, and blackmailing the youngster's stepfather on November 25.
It is alleged they harmed the teenager when he refused to continue selling drugs for them, and blackmailed self-confessed dealer Mark Devonport when he ran up debts, threatening to kidnap his wife and chop off her fingers.
Pub boss Mr Thirlwall Snr, of Granville Road, Middlesbrough, and his son, of Southwark London, deny all three charges, which Mr Cordy said could have been fabricated because of a family grudge.
Mr Cordy insisted the prosecution case failed because of conflicting statements from Mr Devonport, his wife, and his stepson; no evidence of a stun gun; no security camera footage from the scene of the allegations; Mr Phillips's lack of knowledge about cocaine; no forensic evidence and no records of phone calls between the alleged victims and the Thirlwalls.
He told the jury: "Only if you are sure on each and every count can you convict. That standard is there to avoid the ghastly, horrible possibility of an innocent man being convicted of a serious crime."
The trial continues.
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