A man accused of murdering his 73-year-old father has told a jury he did not kill him, despite leaving a voicemail on the night of his death saying he wanted to “let him rot” and that he “wanted to kill him”. Brian Smith, 33, is standing trial at Carlisle Crown Court charged with the murder of his father, Stanley Smith, who was found dead in the hallway of his bungalow in Fell Close, Silloth, during the early hours of 22 December. Smith denies the charge.
Evening at the Pub
Prosecutors told the court that father and son had spent the evening together at the Albion pub, where they watched football and drank alcohol. Witnesses described the pair as appearing relaxed and behaving normally before leaving the pub at around 8pm. They returned to Stanley Smith’s bungalow shortly afterwards. However, within an hour, neighbours reported hearing raised voices, aggressive shouting, loud banging and what sounded like cupboards being slammed. The disturbance suddenly stopped at around 9pm. The court also heard CCTV footage captured a reflection appearing to show Stanley Smith lying motionless in the hallway shortly before that time.
‘I Wanted to Kill Him’
During the night, Brian Smith left a voicemail for his mother in which he said:
- “I wanted to kill him.”
- “Let him rot.”
Giving evidence, Smith told jurors the comments were “overdramatised” and spoken in a moment of “high-stake emotion”, insisting they were not a genuine expression of intent. He denied assaulting his father and said the voicemail had been taken out of context.
Defence Account
Smith claimed his father became “irate” after they returned home. He alleged Stanley Smith attempted to headbutt him, squeezed his hand and kicked him during an argument. While he admitted restraining his father, Smith denied placing his arms around his father’s neck or using excessive force. He told the court his father later fell while intoxicated and appeared to be asleep, snoring, when he left the bungalow. Smith said he visited his mother before later attending hospital and returned to the property at around 5.30am, where he found his father cold and unresponsive.
Pathologist’s Evidence
The jury heard evidence from Home Office pathologist Dr Aaron Borbora, who concluded Stanley Smith’s injuries were inconsistent with a simple fall. He found injuries including:
- Bruising to the sternothyroid neck muscle.
- Fractures to both superior thyroid horns.
- Internal bruising across the back, shoulder blades and chest.
Dr Borbora told the court the injuries had been caused by forceful pressure to the neck, requiring “considerable force”, which he described as being at least moderate on a scale ranging from mild to severe.
Prosecution Case
Prosecutor Kim Whittlestone told the jury Brian Smith’s anger “took over” during the confrontation. She argued the shouting heard by neighbours stopped because Stanley Smith was already dead. The prosecution alleges Smith later attempted to “create a narrative” through text messages and voice notes to explain away his father’s injuries, arguing the internal damage was consistent with an attack from behind. Brian Smith continues to deny murdering his father, maintaining he cannot explain the neck fractures or internal bruising and insisting his father was still alive when he left the bungalow. The trial continues.
