Victim’s ‘sex attack’ on killer

David Wilkes
David Wilkes
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A MAN accused of battering his next-door neighbour to death with a bottle told a jury he remembers nothing about the fatal attack, but admitted telling police officers that he had had a ‘fall out’ with his victim.

Justin Fishlock, aged 21, was found by police officers asleep and covered in blood on 39-year-old David Wilkes’ sofa after allegedly murdering Mr Wilkes in his first-floor flat on Fortway Road, Brinsworth, Rotherham.

Fishlock admits manslaughter, but denies murder.

Fishlock, who trained with the Coldstream Guards, told Sheffield Crown Court he smoked cannabis with a friend during the afternoon before the killing in March, and spent the evening with his girlfriend.

He said he walked her to the bus stop at 10.50pm and then returned to his flat. David knocked on his door at around midnight, inviting him round for a drink.

The court heard alcoholic Fishlock regularly binged on lager, spending his fortnightly benefits money on 24 cans of Stella Artois, which he would drink in a single evening.

Fishlock said he and Mr Wilkes drank rum and claimed David showed him a text message he’d sent to his wife Angela, claiming the two men were having sex.

“I confronted him and he apologised,” said Fishlock. “I finished my cup of rum and he poured another one in the kitchen. It tasted stronger than normal. Then I fell asleep.”

Fishlock said he woke up to find David sexually assaulting him.

“I remember him kissing my face with his hand down my tracksuit bottoms, and waking up to the police in the morning. I said, ‘We had a bit of a fall-out last night’.”

When Alan Kent QC, defending, asked if he could recall anything about the events in between, Fishlock replied: “Absolutely not.”

Fishlock spent five months in custody on charges of rape and false imprisonment in 2009, but the case was dropped. He said he had also been left ‘devastated’ by a sexual assault when he was 15. Fishlock later gave evidence at his attacker’s trial and the man was jailed for eight years.

The trial continues.