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Last Updated: Friday, 3 March 2006, 17:22 GMT
Damilola accused 'under curfew'
Damilola Taylor
Damilola had only been in Britain three months when he was killed
A boy accused of murdering Damilola Taylor could not have attacked the 10-year-old because he was elsewhere at the time, the Old Bailey has been told.

The youth, then 12, was under 24-hour curfew at a children's home more than a mile away, the defence said.

A log at the home showed he had been to a shop returning later with a worker, shortly before Damilola was stabbed.

He and his brother, 18, who cannot be named, deny murder in 2000, along with Hassan Jihad, 20.

Home worker Sharon Nedrick told the court: "I don't recall them leaving but I recall them returning."

Damilola was found in a stairwell of a block of flats in Peckham - more over a mile away from the home.

Orlando Powell QC, defending, said he would be calling four witnesses from the home to prove his client's innocence.

He described the boy as a "wretched nuisance" at the time of the offence but said a criminal trial was not a "popularity contest" and the jury did not have to like the defendant to find him not guilty.

The trial continues.

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