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1 March 2013, 15:28 | Updated: 30 March 2016, 13:50
On day 14 of the Philpott Fire Trial the jury have heard more secret recordings and were played the 999 call made by Mick and Mairead Philpott.
Mick and Mairead Philpott were heard talking in the vehicle taking them to Derby Magistrates' Court on May 31 last year. Nottingham Crown Court has heard the couple were being monitored 24 hours a day by Serious and Organised Crime detectives.
The couple, along with a third defendant, Paul Mosley, are accused of the manslaughter of the Philpotts' six young children in the fatal fire in Allenton on May 11 last year.
The couple were arrested on May 29. In the van on May 31, Philpott is heard asking his wife: ``Are we sticking to the story?'' to which Mairead replies: ``Hmmm.'' Mick whispers: ``Good.'' He then asks her: ``Do you know something? Have they got any evidence on you? They've got nothing on me, nothing.''
Mairead is heard to say: ``There's a fingerprint on the window.'' Mick replies: ``That's it. A few discrepancies, that's all it is. One with Shakey (Paul Mosley) about I said I was going out for a drive at night. I can't remember saying that, Vicky said you were stoned and I said we didn't smoke.'' Philpott says again that ``they've got nothing'' on him.
He is heard saying: ``Mick, my brief, said that for the judge to do what he's doing he's got to have some big balls because there's no evidence, they've got nothing, there's no, no petrol on me, on me trousers, no glass, you know the fireman said he put the window through.'' At one stage, Philpott asks his wife: ``You definitely sticking with the story?'' A second comment: ``I didn't mean to do it, on my life'', has been disputed by the defence.
Martin Barry, a forensics speech analyst called by the defence, said he had listened to the disputed recording ``several thousand times''. The prosecution allege Philpott can be heard to say: ``You definitely sticking with the story? I didn't mean to do it, on my life.'' Mr Barry agreed the comments ``definitely sticking with the story'' and ``on my life'' could be heard, but disputed the words ``You'' and ``I didn't mean to do it''. The expert told the court the comments were ``unclear'' and ``obscured'' by the noise of the van.
A written statement was read to the jury from Detective Constable Baldish Chauhal, who attended Birmingham Children's Hospital with the Philpotts to see their eldest son on May 12. Duwayne was transferred to the hospital from Derby Royal Hospital following the fire and was fighting for his life on the intensive care unit, the court has heard.
In her statement, Det Con Chauhal said Philpott rushed out of the intensive care unit when the doctor told him the 13-year-old's chances of survival were small. Minutes later, Philpott was seen on the floor surrounded by family and friends. In her statement Det Con Chauhal said: ``There was a commotion near the stairwell and someone saying Mick had fallen down the stairs. ``Mick was on the floor surrounded by family members and friends.'' She said Philpott indicated that he had hit his head on the floor after fainting and was taken for treatment. Det Con Chauhal also said Philpott fainted following a press conference held for the media on May 16.
The jury was for the first time shown clips from the press conference, which was held by the couple five days after the blaze. During the conference, led by Derbyshire Police, the couple thanked friends and emergency services staff for their attempts to rescue their six children. Det Con Chauhal said in her statement that during a conversation before the conference, Philpott told her how he sang Elvis songs in his spare time and DJed. She said he then grabbed a tissue out of her hand saying ``I need a tissue'' before going into the room for the conference, the court heard. The detective then described how Philpott fell to the floor in the corridor following the press conference and laid in the recovery position. ``After 10 seconds he opened his eyes and got up,'' Det Con Chauhal said in her statement. The court also heard the 999 call, which the Philpotts made to emergency services, for a second time. You can listen to it below.
Please be aware you might find this distressing.