OF the three defendants, Darren Miller knew Mr Dines the best.

Both of them were rough sleepers in Colchester with Miller bedding down most nights in a shop doorway opposite the Playhouse pub in St John’s Street.

He said the two of them had known each other for between 15 and 20 years – a similar amount of time as he had identified himself as an alcoholic.

Sleeping on the streets during the harsh winter months – coupled with car crashes he had been in a number of years ago – has left Miller with frostbite and four toes missing.

The conditions leaves him in pain and he walks with a crutch but Kennedy told the court Miller “can walk all right when he needs to”.

He told the court he and Hartley had known each other for four months and they would sometimes drink together.

Miller alleged Hartley had talked about his Army career whenever he could and boasted about doing 47 jumps while in the Parachute Regiment.

Despite telling the others he himself served in the armed forces, he has never actually done so and admitted in court he was a fake.

He also admitted striking Mr Dines in the street before they got to the stairwell and then punching and kneeing him in the head in the stairwell but said Hartley delved out the greater part of the violence.

On the day, Miller claims he was woken by Hartley who offered him a drink and because he was completely broke, and only stayed with the other two because they had alcohol and he wanted it.

He claimed when they got back to New Kiln Road, Hartley and Kennedy had sex but they both deny this ever happened.

Miller, 46, had a crack pipe with him when police arrested him.