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Rough sleeper 'set on fire and killed' in Tunbridge Wells car park Rough sleeper 'set on fire and murdered' in Tunbridge Wells
(about 2 hours later)
A man who had separated from his wife was doused in barbecue fluid and burnt to death in a town centre car park, a murder trial has heard.A man who had separated from his wife was doused in barbecue fluid and burnt to death in a town centre car park, a murder trial has heard.
Giles Metcalfe, 43, died from burns and smoke inhalation in Tunbridge Wells in the early hours of 7 March.Giles Metcalfe, 43, died from burns and smoke inhalation in Tunbridge Wells in the early hours of 7 March.
Dean Malcolm Lewis, 34, of no fixed address, and James Marshall-Gunn, 30, of Hadlow Road, Tonbridge, deny murder.Dean Malcolm Lewis, 34, of no fixed address, and James Marshall-Gunn, 30, of Hadlow Road, Tonbridge, deny murder.
At Maidstone Crown Court, Philip Bennetts QC, prosecuting, said: "They together went in to kill him by fire." Philip Bennetts QC, prosecuting, told Maidstone Crown Court: "They together went in to kill him by fire."
'Settling down''Settling down'
The court heard how Mr Metcalfe was homeless but was on a housing waiting list. The court heard how Mr Metcalfe was homeless, but was on a housing waiting list.
On the night he died, he planned to sleep in a car park above a shop, The Range, on Torrington Road. On the night he died, he planned to sleep in a car park above a shop on Torrington Road.
Mr Metcalfe sent his wife a text just after 22:30 BST, saying: "Settling down for the night. It's all good xx."Mr Metcalfe sent his wife a text just after 22:30 BST, saying: "Settling down for the night. It's all good xx."
Just after 02:30 BST, Kent Fire and Rescue service was notified of an alarm at The Range. A member of staff from the store attended and investigated with a colleague. Just after 02:30 BST, Kent Fire and Rescue service was notified of an alarm at the shop, The Range. A member of staff from the store attended and investigated with a colleague.
Sleeping bag invitationSleeping bag invitation
They discovered Mr Metcalfe's badly burnt body on the first floor of the car park. An open bottle of barbecue lighting fluid was nearby. They discovered Mr Metcalfe's badly burnt body on the first floor of the car park, next to the charred remains of his sleeping bag.
Police were called just before 04:00 BST. An open bottle of barbecue lighting fluid and two lighters were nearby.
The court was told that Mr Lewis and Mr Marshall-Gunn were with Mr Metcalfe earlier that evening at Sainsbury's buying whisky.The court was told that Mr Lewis and Mr Marshall-Gunn were with Mr Metcalfe earlier that evening at Sainsbury's buying whisky.
Just before midnight, the court heard the three men were in the car park with two women: Michelle Sharp and Vivien Martin, who was in a relationship with Mr Lewis. Just before midnight, the court heard the three men were in the car park with two women. One of them was in a relationship with Mr Lewis.
Mr Lewis was said to be unhappy when the victim suggested Ms Martin join him in his sleeping bag, saying "come in here with me, love". Mr Metcalf is said to have suggested the woman join him in his sleeping bag.
The group was seen leaving the car park on CCTV but Mr Marshall-Gunn and Mr Lewis were filmed arriving back just after 02:00 BST. Mr Marshall-Gun and Mr Lewis were seen leaving the car park on CCTV, but the prosecution said they re-entered the car park later.
Minutes later they were seen leaving again. Philip Bennetts QC, prosecuting, said: "They went together to kill him by fire. What other explanation can there be? In. Fire. Out."
Pathologist Dr Olaf Biedrzycki found no evidence of any "defensive" injuries to Mr Metcalfe. Mr Lewis told police they had all been drinking together and Mr Metcalfe "started saying really weird stuff".
"He then poured lighter fluid all over himself. It really freaked me out and I went back to my girlfriend," he said.
Pathologist Olaf Biedrzycki found no evidence of any "defensive" injuries to Mr Metcalfe.
But Mr Metcalfe's blood alcohol level was more than three times the drink-drive limit, the court heard.But Mr Metcalfe's blood alcohol level was more than three times the drink-drive limit, the court heard.
The pathologist concluded that: "it seems reasonable to suggest the deceased may have been asleep and relatively oblivious to the presence of anyone around him". Dr Biedrzycki concluded: "It seems reasonable to suggest the deceased may have been asleep and relatively oblivious to the presence of anyone around him".
The trial continues.The trial continues.