Charge dropped in tycoon trial

Mr Justice Newman told the jurors they would now only have to consider a single charge alleging that Hoogstraten murdered business associate Mohammed Raja, formerly a Brighton landlord.

Mr Raja was stabbed and shot at point blank range at his home in Sutton, Surrey, on July 2, 1999.

The prosecution alleges that Hoogstraten hired two hit-men - Robert Knapp and David Croke - to murder him after he fell out with him over a number of property deals.

Mr Raja was taking civil court proceedings against Hoogstraten, alleging fraud, the jury has heard.

As he started his summing up, Mr Justice Newman told the jurors they could "put a line through Count One" which had alleged that Hoogstraten conspired with Croke and Knapp and others to murder Mr Raja between January 1 and July 3, 1999.

He said: "Ignore it. The conspiracy charge was very properly placed and the fact that it goes follows the fact that all the evidence has now been heard and Count One adds nothing to Count Two (murder)."

The prosecution alleges that Hoogstraten was not present when the offence was committed by Knapp and Croke but that he was nevertheless guilty of murder because he counselled, advised, ordered, encouraged or persuaded Knapp to do it.

Mr Justice Newman said that before the jurors could convict Hoogstraten of murder they had to be sure of three things -

That Knapp had committed the offence of murder
That Hoogstraten counselled, advised, ordered, encouraged or persuaded Knapp to do it
That the murder of Mr Raja was in the scope of what Hoogstraten had counselled or persuaded Knapp to do.

If the jurors were only sure he had told Knapp to do Mr Raja some harm, Hoogstraten would not be guilty of murder but guilty of manslaughter.

Hoogstraten, 57, of High Cross, Framfield, near Uckfield; David Croke, 59, of Bolney Road, East Moulsecoomb, Brighton; and Robert Knapp, 55, of Abbeyfeale, County Limerick, all deny murder.

The case continues.