Mother challenges damaging claim about victim
The mother of Daniel Gardner, who died when his flat was set on fire, has publicly refuted a claim that he mistreated his children. The suggestion had been made during the trial of Stephen Dale, 47, who was convicted of manslaughter and arson for starting the blaze at Saxons Way, Highters Heath, in the early hours of September 19 last year.
Daniel Gardner, 36, a father of three, was trapped inside his home as the fire spread. Dale, the partner of Gardner's ex-girlfriend, had poured petrol and ignited the property. An elderly neighbour was also evacuated during the incident.
Victim statement read in court
At Birmingham Crown Court on June 25, as sentencing proceedings began, Julie Gardner's victim statement was read aloud. She said: "It was so distressing to hear the suggestion he mistreated his children which is widely understood to be untrue. He is not here to defend himself. He adored his children and would do anything for them. He was always there for his children."
Ms Gardner described the psychological trauma of losing her son, saying no parent should have to attend their own child's funeral. She added: "He was a hard-working, caring, devoted son, daddy and brother. He was a very bubbly person, funny and kind-hearted."
Prosecution details motive
Prosecutor Robert Price argued that the jury must have been sure Dale knew Gardner was at home when he started the fire. He said the killing was aggravated by an "element of revenge motivating what happened by virtue of a relationship lying in the background." During the trial, prosecutors had said Dale saw Gardner as a "significant problem and felt he had to do something about it."
The court also heard that Dale, of Cherrywood Road, Bordesley Green, had a previous conviction in 2011 for stabbing someone eight times, for which he received a hospital order.
Defence arguments
Phil Bradley KC, defending Dale, said his client did not know there was only one way in and out of Gardner's property, which was blocked by the fire. He stated: "Absent of murderous intent, this man lit petrol on the door in hope he was going to scare the man inside and serve the warning that he, for whatever reason, believes is due. He was not armed with additional information that would mean this man was necessarily in a perilous position."
Co-defendant's role
Tyler Phythian, 19, who lived in the same house in multiple occupation (HMO) as Dale, had accompanied him to the scene. Phythian was cleared of any homicide offence regarding Gardner but was found guilty of reckless arson concerning the neighbour. In a separate incident, he admitted assault for throwing a beer can at a girl on a bench in Stratford-upon-Avon, causing a deep cut to her face.
Talbir Singh KC, defending Phythian, said that incident was an accident for which he apologised immediately. Of the arson attack, the barrister said: "He was involved effectively out of immaturity, poor judgement and a desire to align himself with an individual who was much older. He accepts he was smoking cannabis." Singh added that Phythian had expressed remorse and contrition.
Sentencing adjourned
Judge Heidi Kubik KC adjourned sentencing until Friday, July 3.
