Lawyer argues Jordan Dixon's conviction for killing Ben Gardner is unsafe
A prisoner caged for murdering a man in a row over a Halloween hat is trying to clear his name from behind bars.
Mr Gardner, 30, was with his girlfriend, Allanna Devine, in Throwley Way when a fight broke out between him, Dixon, Daniel Ransom and Ross Collender.
Collender snatched the pirate hat and wig Miss Devine was wearing, starting an argument.
Collender punched Mr Gardner in the side of the head and knocked him to the floor.
CCTV footage showed Dixon and Ransom continuing the assault, landing blows to his head and chest.
But now lawyers are arguing Dixon's role in the attack may not have contributed to Mr Gardner's death and his impaired intellect meant he could not testify at the trial at the Old Bailey in 2010, which ended with all three attackers being jailed for life.
During a hearing earlier this week, Dixon's QC Joel Bennathan said: "Dixon appeared to strike a blow to Mr Gardner's chest or head, but it is unclear from the CCTV whether this blow connected or, if so, where.
"Ransom was then seen to turn and kick him to the side of he head as he was either on or near to the ground. "
Mr Bannathan said medical evidence could not pinpoint who delivered the fatal blow but said opinion suggested it was most likely to have been Ransom's kick or Collender's initial punch.
The QC presented evidence of Dixon's low IQ, his poor memory, severe stammer and confusion about basic legal terms. He said this stopped him from wanting to participate in his trial but left the jury to draw "adverse inference" from his failure to testify.
After protracted legal debate Lord Justice Treacy, sitting with Mr Justice Saunders and Mr Justice Milford, reserved their ruling in the case. No date was fixed for the court's decision.