THE former stepson of Pennie Davis is responsible for her death but he never wanted her killed, a court heard.

Giving his closing speech on behalf of Ben Carr, James Scobie QC told jurors at Winchester Crown Court that the mum of five would be alive today if Carr had not asked Justin Robertson to frighten her.

He admitted that Carr was a "coward" and "rat-like" during interviews with police but insisted the 22-year-old is telling the truth to the jury and the plan was to scare her not kill her.

Mr Scobie said: "If he is telling you the truth not only does it put his own neck on the line in doing so but isn't he doing Pennie Davis ironically that ultimate form of justice - the person who took her life should pay for it and he is responsible for putting him there. It's a difficult situation."

The prosecution claim Carr recruited 36-year-old Robertson to murder Pennie in a bid to silence her and stop her from resurrecting historic claims that he had indecently assaulted girls.

Pennie, 47, was found stabbed to death in a field with her horses, near Beaulieu, on September 2, last year.

It is claimed Carr manipulated Robertson to carry out the killing by convincing him that she was a paedophile.

But Mr Scobie told jurors that there was no direct evidence that Carr "tricked" Robertson into killing Pennie by telling him this.

Mr Scobie also pointed to Roberson's past telling jurors this was not a man whose previous convictions were "in keeping" with murder and would not have been the obvious person to recruit if murder had been the plan.

He added: "He [Robertson] actually is somebody, as himself says, who is and has been very much a protector of women. He would not be a good candidate for any execution or an executioner, quite the opposite."

He also told the court the fact that Robertson never went back to find the key to the car, which he used to get him to Beaulieu, and was found beside Pennie's body, proved the killing had not been planned and carried out by a cool, clinical executioner.

He said: "Not going back to get the key is consistent with three things, panic, someone not thinking straight and someone perhaps who has just killed a woman who in fact he did not intend to harm at all."

Robertson is charged with murder and conspiracy to murder.

Carr and Samantha Maclean, 28, are both charged with conspiracy to murder.

They all deny the charges.

Proceeding.