Fraud West Bromwich murder case is horribly weak, claim
The case against a man accused of murdering a former schoolfriend by slitting his throat was 'horribly weak', his defence lawyer told a jury.
Jagdev Singh Rai – also known as Jamie Rai – had admitted fraud by changing his name to that of his alleged victim and taking out a £318,000 life insurance policy on him.
But there was no evidence that Rai killed Jasbir Singh Bains in Dartmouth Park, West Bromwich, Mr Andrew Fisher QC, defending, told the jury at Wolverhampton Crown Court.
Mr Fisher said the prosecution had spent so much time telling the court about Rai's frauds – which also included obtaining a mortgage for a property using Bains's name – because there were 'gaping holes' in the murder case against him.
"We suggest their case is horribly weak," added Mr Fisher.
Rai, aged 44, of Salisbury Road, West Bromwich, denies murdering 41-year-old Mr Bains, of no fixed address, whose body was found floating in a lake in Dartmouth Park on November 28 2012.
Mr Peter Grieves-Smith, prosecuting, had earlier told the court that Mr Bains moved to live with family in Canada years earlier after falling on hard times and owed £14,000 loaned to him by Rai.
He said that, in 2006, Rai used Bains's name and date of birth, without his knowledge, to set up a life insurance policy worth £318,913.
Rai had also obtained a mortgage for a property in Coronation Road, Wednesbury, to the value of £56,703, using the same name.
In the event of Mr Bains's death Rai stood to gain more than £375,000, including the value of the Wednesbury property, the jury heard.
Mr Grieves-Smith said Mr Bains appeared not to have made any effort to defend himself when his throat was slit, which was an indication the attacker was someone he trusted.
Mr Grieves-Smith added: "This killing, the prosecution say, is the responsibility of the defendant and he is guilty of murder."
But Mr Fisher said, although Rai had, during police interviews, admitted the frauds the case was not about that.
"It's about what proof they have not produced – what proof they have not got," he said.
"The reason they spent so much time talking about the frauds is to distract from the gaping holes in their case."
Mr Fisher said that, although the prosecution had analysed 700 hours of CCTV tape from 46 locations in the area, Rai had not been spotted in any of the footage, either coming or going from Dartmouth Park.
The trial continues.
