‘He planned to rob Luis Guembes – but that doesn’t make him a murderer’, defence argues

A teenager who admitted plotting to rob 15-year-old Luis Guembes should not be found guilty of his murder, a jury has been told.

Tim Forte KC, defending one of two teenagers accused of murdering the Farnham schoolboy, argued that his client's involvement in planning the robbery did not make him responsible for Luis's death.

“He planned to scare Luis, he planned to rob Luis, he planned to bring the codefendant along. That does not mean he is guilty of the murder count in this indictment,” he told the jury.

Mr Forte, representing Defendant 2, acknowledged the tragic circumstances of Luis's death during his closing speech.

“There is one victim here and that was LG. He did not deserve such a terrible fate,” he said.

However, he insisted that while his client had admitted serious wrongdoing, this did not establish his guilt on the murder charge.

“The brain will tell you the Defendant 2 did wrong and did he do wrong, he did wrong,” he said.

Defendant 2, who was 16 at the time, has admitted planning the robbery, carrying a knife and luring Luis to Wildwood in Stoke Park, Guildford, on January 19.

He previously pleaded guilty to conspiracy to rob and possession of a bladed article.

However, he denies stabbing Luis or assisting his co-defendant, Defendant 1, in doing so.

Mr Forte argued that his client had expected Luis to hand over his phone and had not intended to cause him harm.

He described the teenager's expectations as naive and immature, arguing that he had not anticipated violence or the possibility of serious injury.

The barrister also challenged the credibility of Defendant 1's account, arguing that his own client had been open and honest throughout the trial and had not attempted to shift blame onto his co-defendant.

He pointed to Defendant 2's evidence that he had not clearly seen what Defendant 1 was doing during the fight, arguing that his client had refused to claim anything he had not personally witnessed.

The defence also questioned whether the Morakniv knife recovered during the investigation could have been used in the fatal stabbing.

Mr Forte referred to evidence from pathologist Dr Biddlestone, arguing that the blade was too short to have caused the injuries and suggesting another, undiscovered weapon may have been used.

He also challenged Defendant 1's defence interpretation of messages and videos recorded by Defendant 1, suggesting these provided important evidence about his actions and credibility.

Concluding his speech, Mr Forte told jurors they could not be “sure” his client intended to kill Luis or cause him serious harm, inviting them to return a not guilty verdict on the murder charge.

Mrs Justice Norton then began summing up the case, reminding jurors that deciding the facts and reaching a verdict was their responsibility.

She outlined how Luis had been found seriously injured at Stoke Park on January 19, after suffering three stab wounds.

Despite the efforts of those who attended, he died at 7.17pm, aged just 15.

The judge also summarised the evidence surrounding the planned robbery, including the £40 Luis allegedly owed Defendant 2 and discussions between the teenagers about robbing him.

Both defendants deny stabbing Luis, although it is accepted that he was stabbed by one or both of them.

Mrs Justice Norton will continue her summing-up on Monday, when the jury is expected to begin deliberations.

Jurors must decide whether Defendant 1 is guilty of murder, conspiracy to rob and possession of a bladed article.

Defendant 2 faces a verdict on the murder charge only, having already pleaded guilty to the other two offences.

If either defendant is acquitted of murder, jurors will consider whether manslaughter has been proved, with two possible routes to that verdict to be considered.

The trial continues.