One of the men accused of killing Sheffield dad Grant Bodell was too busy cheating on the mother of his children to be involved in the murder, a court heard.
Sheffield Crown Court heard that Torrington Smith, aged 26, had been on the phone to his girlfriend at the time Mr Bodell was killed in Manor Fields park in June 2014.
Justin Rouse, on behalf of Smith, said his client made five calls to his girlfriend between 2.09am and 2.23am. He reminded the jury that residents living near the park heard gunshots at around 2.10am.
Mr Rouse said: “He may have been unfaithful that night, and that is very wrong, but he is not a murderer.”
The court heard Smith has two children with his partner.
Mr Rouse questioned the reliability of cell-site data, which the prosecution claims put all defendants at the scene of the crime.
He said that cells used by Smith’s mobile phone covered a far-reaching area which included Manor Fields Park – but also covered his girlfriend’s address on Manor Lane, where Smith claims to have spent the night.
He added that there was no witness, DNA, or CCTV evidence which put his client in the frame.
Mr Rouse reminded the jury that Smith was not implicated in probe recordings either, made after police put a device on the car of one of Marvis Smith’s drug dealing associates.
He added that there was no evidence of Smith being involved in his brother’s drug dealing gang.
Mr Rouse told the jury: “Every alarm bell in your head should be ringing.”
He also questioned whether Mr Bodell’s murder was even carried out by a group, or a lone gunman.
Addressing why his client chose not to give evidence, Mr Rouse said: “The fact is, in this country we are not a police state. You don’t have to prove your innocence.
“There is nothing for Torrington Smith to explain in this case.”
Marvis Smith, 30, of Park Grange Road, Norfolk Park, Torrington Smith, 26, of Samuel Close, Norfolk Park, Stevin Pierre, 24, of Waterslacks Close, Woodhouse, and Brendon McFarlane, 22, of Hyde Park Terrace, Park Hill, all deny murder. The trial continues.