TWO men accused of murdering a Burnley man are to face a retrial after the jury trying them was discharged.

In an unusual move following closing speeches by both prosecution and defence barristers last week there were legal arguments in the absence of the jury.

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As a result, High Court judge Sir Geoffrey Grigson ruled yesterday that the jury should be discharged and a retrial held. This is to take place beginning on February 22 at a venue to be decided, but expected to be Preston.

Paul Howarth, 48, of Clifton Road, Burnley, and Gary Burley, 45, of Herbert Road, Burnley, who both deny the murder of 60-year-old Keith Passmore, were further remanded in custody.

Burley also denies threatening to kill Howarth’s ex-partner Kathleen Green after she saw the victim’s body, and possessing an offensive weapon, a multi-tool with a hammer attachment.

During the three-week trial at Liverpool Crown Court the jury heard that Mr Passmore was allegedly stabbed to death with a knife and large pair of scissors on January 10 this year because he had swapped a tablet device for cans of beer.

Gordon Cole, QC, prosecuting, said that Howarth and Burley have, and Mr Passmore had, a long history of alcohol abuse.

Mr Passmore’s body was found by police in Howarth’s blood-stained flat. Mr Passmore had been beaten with such force that bones in his face were fractured and he had been repeatedly stabbed.

After being stabbed he had been moved to the bathroom and put in the bath where attempts were apparently made to clean up before his body was moved to the lounge.

Howarth told the court he could not remember what happened and Burley said that while he punched and kicked Mr Passmore, Howarth was responsible for the fatal stabbing.