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Insufficient evidence to prove ex-boxer was murdered, court told

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A defence barrister told a murder trial today there is insufficient evidence to prove that former boxer Shaun Cummins was murdered. The former champion's body was found chopped up and inside two freezers at his home in Marriott Road, Saffron Lane, Leicester, on September 12. His unofficial carer, 29-year-old Thomas Dunkley, who denies murder, claims Mr Cummins, died of natural causes in his sleep. Defence barrister, David Mason QC told Leicester Crown Court, in his closing speech to the jury, that although Dunkley used a chainsaw to dismember the deceased - it was done after death and there was no evidence of pre-death injury. He said the pathologist in the case was unable to give any cause of death. Mr Cummins, who retired from boxing in 1995 was later left paralysed from the waist down following a motorbike crash in 2004. He needed daily help and Dunkley, his friend, gave up his job to look after him. Mr Mason said the prosecution claimed Dunkley could have stabbed the alleged victim in the neck or stomach – which may have been covered up during later dismembering. They also allege Dunkley, may have suffocated him, which would have left no trace. Mr Mason said: "Dunkley's case is Shaun Cummins was very unwell and he just died from whatever he was suffering from. "No-one disputes he was unwell and the nurses who saw him in the days leading up to his death say he "wasn't himself" and was "confused." He refused to see a doctor. Mr Cummins was suffering from a urinary tract infection and also had bronchial pneumonia. Mr Mason reminded the jury that the pathologist said if the "serious chest condition" was left untreated it would have been sufficient to cause death. He did not rule out foul play, however, because of the condition of the partially decomposed body when was examined. Mr Mason said no-one knew Mr Cummins had bronchial pneumonia until the post mortem. He said the defendant, of no fixed address, was suicidal and not thinking rationally before "bizarrely" chopping up the corpse – for which he gave no explanation. Mr Mason told the jury it was not a normal situation because: "A clinically depressed individual was looking after a difficult and controlling paraplegic." Mr Mason said within hours of the death Dunkley, who claimed he was bullied by Mr Cummins and not paid anything for looking after him, embarked on a "horrible, sick spending spree" with Mr Cummins money. But, he said: "It doesn't make him a murderer." Mr Cummins was last seen alive by nurses on September 1. Dunkley, who has no previous convictions, was arrested at a motorway service station near Wakefield, having fled from Leicester, in the early hours of September 13. He has admitted preventing Mr Cummins' lawful burial and fraudulently using his bank accounts, after the death. He denies stealing the alleged victims credit card and trying to take out two payday loans in his name before he died. High court Judge Mrs Justice Dobbs today sent out the jury to consider the verdicts. She told the jury of seven men and five women to put aside feelings of emotion or sympathy. She said: "A cool head and dispassionate appraisal is what's called for. "The real issue is did the defendant cause the death of Shaun Cummins. "As you knew the prosecution say they can't prove the cause of death but you can be sure because of his actions." They involved searches about stabbing and death on the internet, lies told around the death (to nurses) and others afterwards, the way the body was cut up and the subsequent use of the deceased's money. Mrs Justice Dobbs said: "The defendant says the (medical) condition worsened and he didn't want to see a doctor and died a natural death – and the defendant didn't kill him."

Insufficient evidence to prove ex-boxer was murdered, court told


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