THE case against a man accused of killing his housemate during a drunken row has been thrown out of court.

On the second day of his manslaughter trial, jurors were ordered to find Robin Jacques, 41, not guilty of killing his friend Barry Thompson.

It came after pathologists giving evidence at Newcastle Crown Court agreed it could not be proved the assault by Mr Jacques led to Mr Thompson's death.

Doctors James Sunter and Nigel Cooper agreed that although the two or three punches "could" have caused his death, there was no way of proving they actually did.

Jurors had heard how Mr Jacques accepted punching Mr Thompson at the home they shared in Park View Road, Burnopfield, near Stanley, on May 25 last year.

When Mr Jacques could not wake his friend the following day, the 41-year-old was taken to hospital, but he could not be saved and died as a result of brain injury.

The court heard how, between the time of the assault and when Mr Jacques found he could not be woken, Mr Thompson had been seen moving around.

The pathologists agreed further injury could have been caused during this time if Mr Thompson, who was an alcoholic, had fallen or bumped his head.

Judge David Hodson directed the jury to find Mr Jacques not guilty of manslaughter.

The judge told them: "The issue in this case has always been, can you, the jury, say you are sure that the defendant caused the death of the deceased?

"It has always been put by the prosecution that it was the two or three admitted punches that caused his death.

"The evidence, as you will readily appreciate, is from two pathologists and they agree amongst themselves.

"Dr Cooper said he could not go beyond the proposition that the two or three punches could have caused the death.

"Dr Sunter said there is no way you could say you are sure the admitted assault caused the death."

The judge said he accepted defence barrister David Robson QC's submission that the case against Mr Jacques should be withdrawn and this was not opposed by the prosecution.

Mr Jacques, of Park View Road, Burnopfield, had denied manslaughter.

Judge Hodson said: "This is a very sad and tragic case."