Muslim converts accused of hacking soldier Lee Rigby to death in street have no defence to murder charge, judge tells jury

Two Muslim converts who hacked soldier Lee Rigby to death in the street have no defence to the charge of murder, the Old Bailey heard today.

The judge, Mr Justice Sweeney, told jurors that nothing Michael Adebolajo, 28, said in evidence about the killing of the 25 year-old soldier 'amounts in law to a defence to this count'.

But defence counsel for both Adebolajo and Michael Adebowale can argue that the prosecution have failed to prove any of the elements of murder, he added.

Final statements: As the trial of the men accused of murdering Lee Rigby draws to a close, Justice Sweeney, left, told jurors to dismiss Michael Adebolajo's, right, defence that he was a 'soldier of Allah'

Bereaved: Relatives of murdered fusilier Lee Rigby (left to right) stepfather Ian Rigby, mother Lyn Rigby, sister Sara McLure and fiancée Aimee West arrive at the Old Bailey today

Victim: The alleged murderers of Lee Rigby cut his throat because it was 'humane' and carried it out because they were 'at war', a court has heard

Adebolajo has told the court he loved Al Qaeda and wanted to change British foreign policy by killing the 25 year-old Fusilier.

Message to jury: Justice Sweeney (pictured) told the court: 'I have ruled that nothing he [Adebolajo] said in evidence, such as he was a soldier of Allah, amounts to a law to a defence to this count'

He added: 'I am a soldier. This is war.'

Adebowale, 22, did not give evidence in his defence.

Jurors returned to court today for the closing speeches in the case from prosecution and defence barristers.

Mr Justice Sweeney told them: 'I have ruled that nothing he [Adebolajo] said in evidence, such as he was a soldier of Allah, amounts to a law to a defence to this count.

'That said the onus remains on the prosecution to prove, so that you feel sure, the required elements of that offence against each defendant.

'It remains open to defence counsel to argue in their speeches in relation to count one [murder] that the prosecution have failed to prove one or more of these elements.'

The judge also told the jury they did not have to reach a verdict on the second charge of conspiracy to murder as this was dealt with by the attempted murder charges.

He added: 'Neither side will suffer any disadvantage as a result of its removal so for good reason I am going to discharge you from any further consideration of count two and it will play no part in my directions of law to you in due course.

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Drummer Rigby's family were again there to hear the evidence.

Beginning his closing speech, prosecutor Richard Whittam QC said that after he was run over, according to Adebolajo: 'Lee Rigby was slain by a mujahideen who struck his neck with a sharp instrument and sawed until his head almost became detached.

Gunfire: The armed officers shot Adebowale, right, and Adebolajo, left on the floor after they hacked to death their victim in a Woolwich street

Shocking: This is the Vauxhall Tigra that was used during the killing of Fusilier Lee Rigby which was shown in court during the trial of Michael Adebolajo, 28, and Michael Adebowale, 22

Evidence: This giant knife was found on the passenger seat of the vehicle that ploughed into Drummer Rigby at 40mph on May 22. It was not used in the killing

'That is how he viewed the first part of his actions. It will be for you to decide the evidence in this case and to consider his acceptance that both he and his co-defendant are responsible for killing Lee Rigby.

Testimony: Giving evidence for the first time Michael Adebolajo said he loved Al Qaeda and said its members were his 'brothers'

'He denies murder and he does not accept the barbarous reality of what they did and the intimidation of the public and all those present.'

Mr Whittam added: 'Islam, one of the world's great religions, is not on trial and nor could it be.'

Father-of-one Mr Rigby, a father-of-one from Middleton, Rochdale, Lancashire, was a member of the Corps of Drums in the 2nd Battalion, The Royal Regiment.

He was knocked over by a Vauxhall Tigra driven by Adebolajo and Adebowale as he crossed the road near Woolwich Barracks in south London on 22 May this year.

Adebolajo then attempted to decapitate the soldier while Adebowale stabbed him in the torso before the pair dragged his mutilated body into the middle of the road.

Both men were shot by armed police at the scene.

In his closing speech, prosecutor Richard Whittam QC said 'Islam, one of the world's great religions, is not on trial.'

Recounting the events of May 22 and the prosecution's case, Mr Whittam showed the jury once again images of bloodied knives, and also replayed the video clip in which Fusilier Rigby is seen being hit by a Vauxhall Tigra.

'What was the consequence of driving into Lee Rigby?' asked Mr Whittam. 'The consequence was it broke his back.'

Background: Adebolajo, 28, pictured in a police interview, was brought up as a Christian but became a Muslim when a student at Greenwich University

Replaying a video clip showing Fusilier Rigby being dragged into the road, Mr Whittam said: 'Is this a humane killing?

'Is this a killing with an attempt to decapitate and then deposit the body in the middle of the road causing traffic to stop and turn around?'

Mr Whittam recalled witness accounts previously read to the jury as well as extracts from a note handed to Amanda Donnelly-Martin at the scene.

'You will have to consider if that's a suicide note,' he said. 'Note that it contains the phrase 'If I live beyond this day'.

'What was the purpose of what they have done, killing Lee Rigby in the way the had done, in putting the body there and staying at the scene?

'To borrow a phrase from the first defendant - carnage.'

Last seen: Drummer Rigby was seen here getting off a DLR train at Woolwich Arsenal Station, just before he was hacked to death on May 22

Mr Whittam turned to the charge of attempted murder of a police officer and described the defendants' actions when police arrived at the scene.

He told the jury not to be 'seduced by suggestions that the sole objective was to commit suicide'.

Describing Adebolajo's movement, the prosecutor said: 'He had a meat cleaver, a weapon that needed to have direct contact. He raised the weapon above his head and got very close to the vehicle.'

Describing Adebowale's movement, he said: 'Did he run straight at the vehicle to be caught? He ran along the wall. Why? To draw fire.'

Whittam said: 'What these two men did, crashing their car and breaking the back of Lee Rigby and then killing him is indefensible in the law of this country.'

He went on: 'Killing to make a political point, to frighten the public, to put pressure on the Government or as an expression of anger is murder and remains murder whether the government in question is a good one, a bad one, or a dreadful one.'

Adebowale, also known as Ismail Ibn Abdullah, of Greenwich, and Adebolajo, also known as Mujaahid Abu Hamza, of Lewisham, both deny murder and attempted murder of police officers.