A man was today cleared of killing homeless alcoholic Matthew Heading.

A judge ordered a jury to find Martin Keating not guilty of murder.

The direction came after legal argument that there was no case to answer against Mr Keating.

Two prosecution witnesses who know him and saw the attack had told the jury he was not involved.

Mr Keating,28, of Taunton Road, Brighton, was also cleared of assaulting homeless Joe Burton who was with the Mr Heading.

Witnesses have described seeing four men take part in the attack outside Glenwood Lodge hostel in Grand Parade, Brighton.

Mr Heading, 41, was punched, stamped and kicked and died two days later from a ruptured spleen, Hove Crown Court has heard.

It is alleged he was attacked by Oliver McNulty, 18, Joe, Budgen, 19, Adam Todd, 25, and Paul Hamlet, 32.

Judge Anthony Scott-Gall ruled that the trial should continue against all four men on both charges.

Christine Laing, QC, prosecuting, alleges they either took part in the attack on both victims or encouraged the others to do so.

McNulty said he was "shocked and surprised" when the attack on the two homeless men started on June 21, last year.

Budgen had recieved a call from his heavily pregnant sister Cherise saying Mr Heading and Mr Burton were harrassing her in a mobile phone shop in London Road.

McNulty said Budgen walked out of his home in Ann Street without saying anything.

He said he followed Budgen to the phone shop and saw him speak to his sister but did not hear what was said.

McNulty said he saw Miss Budgen point down London Road. Her brother walked off again and he followed a few paces behind.

He said Budgen bumped into Todd, his partner Caroline Hughes and Hamlet as they were crossing Morley Street.

McNulty told the jury that Budgen spoke to Todd but again did not hear what was said before both men walked off into Grand Parade.

He added: "I was not with Adam and Joe by then, I was a couple of meters behind.

"Paul and Caroline were just standing there behind me.

"I was shocked and surprised to see everything just kick off with the two people sitting on the stairs.

"I saw someone run down the steps and try to run off. I was just shocked, I did not expect a fight to kick off.

"The man was kicked or pushed to the floor with the sole of a shoe.

"He was beaten up with kicks and stamps by two people. I did not take part or encourage it."

William Lowe, QC, defending Budgen, asked McNulty if he had told police that he had not been involved in any violence that day.

McNulty replied : "I am not a violent person."

The jury was then shown police CCTV footage of an incident in West Street, Brighton, in 2005.

McNulty could be seen kicking and stamping on a man on the ground during a confrontation.

He admitted that he had received a final warning from the police as a result of the incident.

McNulty, of New England Street,Brighton, Budgen, of Ann Street, Brighton, Todd, of Ropetackle Walk, Shoreham, and Hamlet, of Falcon Court, Whitehawk, Brighton, all deny murder.

They also deny causing actual bodily harm to Mr Burton.

The trial continues.