One of two brothers standing trial for the murder of a fisherman outside a Royal British Legion club has been acquitted after the prosecution offered no evidence against him.
Garon Jewell, 19, was on trial with his bother, Draven Jewell, 21, at Winchester Crown Court accused of killing 23-year-old Max Maguire outside the club in Lymington in the New Forest, Hampshire.
The pair, from Lymington, were also jointly accused of attacking two friends of Mr Maguire – Luke Gray and Georgia Hole – during the alleged incident shortly before midnight on October 22 2021.
The prosecution accept that we can no longer prove he was not acting in self defence
Prosecutor Adam Feest QC withdrew the case against Garon on all charges after Mr Gray gave evidence to the trial.
He told the jury: “It’s our position, on the evidence as it has developed over the course of the trial, that there is no longer a reasonable prospect of conviction of Garon Jewell on any of the charges he faces.
“Luke Gray accepted he was the first person to make physical contact with the other group and when he accepted his actions started the incident in which he was injured, we cannot prove Garon Jewell’s reaction was unlawful.
“The prosecution accept that we can no longer prove he was not acting in self defence.
“On the evidence, we can no longer prove he would be jointly responsible for whatever his brother did thereafter.
“In those circumstances, in relation to all the charges he faces, we offer no evidence against Garon Jewell.”
The judge, Mrs Justice Cutts, ordered the jurors to formally find Garon not guilty and told them: “When this case started, the defendants were put in your charge and the rules mean therefore that you must be the ones to find him not guilty and I direct you as a matter of law to do so.”
Garon was acquitted of murder and an alternative charge of manslaughter of father-of-one Mr Maguire, from Pennington, as well as two alternative charges of wounding Mr Gray and two alternative charges of wounding Ms Hole.
Draven remains on trial for the same charges as well as a count of attempted murder of Mr Gray.
He has pleaded guilty to having an offensive weapon.
The prosecution claim the fight broke out following a disagreement between two groups inside the pub after one of them challenged Garon over his age.
Tensions also rose over a nitrous oxide canister that Draven had found and brought to the club but refused to sell to the other group, which included the three alleged victims, the court has heard.
Mr Feest said that Mr Gray, 23, suffered two serious wounds to his lower back which required emergency hospital treatment and Ms Hole, 23, suffered a less serious injury to her chest.
Draven claims to have acted in self-defence and denies the charges.
The trial continues.
