Sunderland murder accused tells jury he acted in self defence

Wayne Miller, 32, is standing trial over the death of Andrew Mather, who prosecutors claim was killed during a booze-fuelled fight.

Mr Mather died as a result of serious head and facial injuries following the alleged attack on June 2.

Jurors have been told how Miller, of Dene Street in Sunderland, used punches, kicks, stamps and possibly a weapon during two separate attacks to murder the 48-year-old.

Speaking from the witness box at Newcastle Crown Court, Miller spoke of how he had been trying to defend himself on both occasions.

Miller said he and his girlfriend Naomi Mather went to the address where her mother and uncle, Mr Mather, had been together.

He told the court how the four began to drink and socialise, with Mr Mather even taking him downstairs to show him his dog.

He said: "We were going to have a drink with them and see how Naomi's mother was.

"The door was open and we went in.

"There was no bad feeling at this point."

However, after Miller and Mr Mather returned to the upstairs bedroom having been downstairs for a short period of time, a row erupted.

Miller added: "We went back upstairs and started drinking again and then Andrew asked for a hug from Naomi on the end of the bed.

"He was touching her bottom and she got a shock and then after that he asked her to sit down on his lap.

"She told him she was a bit too old to be sitting on his lap.

"After that I said we were going home."

Miller told the jurors he held his hand out towards Mr Mather to prevent any efforts in him moving towards Naomi, which made him "really angry".

He said: "He started punching into me, about three or four blows to the temple.

"I fought back, I punched him back.

"I didn't count how many times but it was more than once to the face. He was fighting back.

"It ended with me on top of him and he stopped fighting back and I got off him, I punched him back to defend myself.

"He had an axe or something behind the radiator - he was going on about it before we went outside."

Jurors had also been told about two photographs Miller had taken on his mobile phone at the address - the first one being of Naomi's mum, who appeared to be "passed out" with alcohol, and the second one of Mr Mather injured after the first attack.

Miller claimed he had taken the photographs to put on Facebook to tell people what Mr Mather had done, but deleted them after changing his mind, before leaving the address with a CCTV camera.

"I took it because I just panicked, I put it into a carrier bag from the kitchen.

"He was still lying down on his belly when I left him, after the fight I put him in the recovery position," he told the court.

However, later on that evening, after discarding the camera in a nearby bush, the court heard how Miller returned to the home as he feared his alleged victim would take out his anger on Naomi's mum.

The court was told he did so after changing his shoes and putting on a new pair of tracksuit bottoms.

Miller told the jurors: "When I came back in he wasn't there on the floor, he was in the bedroom in a different place to where I last saw him."

Miller said that when Mr Mather saw him he jumped up at him and wouldn't let go, so he pushed him away "with both hands".

Miller added: "He clinged on to my right foot. I tried to shove him off with my right foot and he wouldn't leave go of me so I kicked him with my left foot to get him off my right foot.

"He started kicking out with his two legs so I went to grab him and his shorts came sliding off him.

"He was kicking out the last time I saw him and then I left the house with Naomi's mother."

Miller said the next day him and Naomi's mother went back to Mr Mather's address to check on him, however, he was found in the upstairs bedroom "cold" and appeared to be dead.

The trial continues.