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Richard Donovan murder trial in Canterbury told he shot ex-soldier Philip Fox in face

A man “brutally and callously” used his cherished sawn-off shotgun to murder a homeless old soldier simply because he may have wanted to kill somebody, a court has heard.

“Obsessed” Richard Donovan, 26, knew victim Philip Fox would not be missed because he lived alone in a tent in a secluded wood in Canterbury, it was alleged.

Donovan’s girlfriend at the time, Daisy Avery, had been with him on the day it was believed Mr Fox, who was 59, was shot.

Serco workers carry bags from the scene
Serco workers carry bags from the scene

Prosecutor Sandip Patel said Donovan was on August 4 last year drunk and carrying the firearm in a drawstring bag Miss Avery believed he acquired while in prison.

She followed him to B&M Bargains on the Riverside Retail Park in Wincheap along a footpath. He sat by a tree and removed the shotgun from a bag.

Mr Fox came along and said “All right?” as he passed.

“Mr Donovan appeared to be worried about what he had seen and followed him into the bushes,” Mr Patel told a jury of 10 men and two women at Maidstone Crown Court.

“The man said he lived in that direction and Mr Donovan should not be worried about him. Miss Avery followed Mr Donovan and they came to the man’s home - a red and black tent.”

Donovan, whose mother lived in nearby Thanington, and Mr Fox chatted about ex-girlfriends and being homeless.

“Mr Donovan rose to his feet and hugged Miss Avery,” said Mr Patel. “He said he loved her and told her to leave and buy some tobacco, which she did.

“As she returned with the tobacco she heard a very loud bang. She recognised it as the same sound as when Mr Donovan shot at things in anger.

“She saw Mr Donovan running towards her. At the same time he dismantled the shotgun into three pieces and concealed it in his drawstring bag.

The tent was pitched in a clearing amid trees
The tent was pitched in a clearing amid trees

“She asked what happened. He said the man was dead. He said he had shot him in the face and his brains had gone all over the tent.

“At the time, she didn’t believe him. Once at home, he threatened her family if she told anyone what happened.

“She thinks he concealed the shotgun in a tree in the garden and a couple of days later sold it to someone called Stuart.”

Mr Patel said the prosecution did not have to prove motive but it might have been because Donovan feared Mr Fox would report him to the police.

“It may be a combination of reasons,” he continued. “Simply that Mr Donovan wanted to use his shotgun on a living person and he knew no one would miss him - someone who lived rough alone in a secluded wood.

“What is his case? In short, it is he has never owned, used or held a shotgun or firearm of any sort, and doesn’t know anyone who has, and so is not guilty of a shotgun murder.”

Hindmarsh’s case was that he worked on firearms and made ammunition at his home. He knew Donovan and had shown him a rifle, but claimed he had not provided him with a shotgun.

Officers taped off the area
Officers taped off the area

Mr Patel said Donovan “killed Mr Fox brutally and callously with his own cherished sawn-off shotgun which was provided by Mr Hindmarsh”.

Mr Fox lived “like a hermit” in the tent by the River Stour. He had lost contact with family and friends and depended on charities and handouts.

His death might have passed undetected but for the chance finding of his remains by two homeless men on April 25 this year.

Donovan’s ex-girlfriend was an important witness. She told of his obsession to own a sawn-off shotgun, which was fulfilled, said Mr Patel. She and other witnesses told of seeing him with a gun.

Donovan’s obsession was made a reality by the supply of the shotgun by Hindmarsh, who was married to Donovan’s cousin.

The two homeless men who found the remains had been planning to pitch a tent behind B&M Bargains. They went there on April 25 and saw Mr Fox’s tent.

After shouting “hello” one looked inside and there was a powerful stench. He saw human bones and possibly a skull.

They contacted the police. Officers went to the tent covered by a green tarpaulin. They saw the remains and found a box containing belongings and spent shotgun cartridges.

Scavengers had fed on the body. There was nothing to identify it and the mystery and cause of death remained unknown for some weeks.

It was not at first treated as suspicious.

He was eventually identified by DNA analysis and a post-mortem examination revealed he died from shotgun wounds.

Miss Avery became aware on Facebook that a body had been found in Wincheap and broke down and confided in her new boyfriend.

Serco workers clearing the site
Serco workers clearing the site

She spoke to the police the same day and said she came forward because she believed Donovan had killed the man.

Miss Avery told of Donovan becoming abusive both verbally and physically to her.

At one time they lived with his mother in Ingoldsby Road, Thannington.

She said he assaulted her and picked on young boys in the street.

He was addicted to cannabis, speed, cocaine, M-Cat and alcohol.

In May or June, she said, he acquired a shotgun from Hindmarsh for about £250 or £300 and asked for the barrel to sawn down.

His initials TH had been engraved or stamped on it. Hindmarsh, she said, made 10 red shotgun cartridges for it. Donovan was proud of it and showed it off.

She said he cleaned it all the time and went to the woods to shoot rabbits. He also shot at his mother’s shed and fence.

Miss Avery said when Donovan was angry he threatened to shoot her and fired it towards a fence to frighten her.

Donovan, of Westhorne Avenue, Eltham, south east London, denies murder.

In the dock with him is Tony Hindmarsh, 36, of Romney Sands Holiday Park, The Parade, Greatstone, who denies giving Donovan the shotgun between May 1 and June 30 last year.

He admits possessing prohibited ammunition.

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