Giles Metcalfe

Giles Metcalfe died after being set on fire in the stairwell of Torrington Car Park, opposite Tunbridge Wells railway station on 7 March 2017.

His cause of death was given as being due to burns and smoke inhalation whilst his provisional post mortem results had indicated that he had died as a result of the effects of a fire. The pathologist noted that Giles Metcalfe had been drinking and had been almost three-and-a-half times the legal drink-drive limit and said that he thought that he would have been 'relatively oblivious' to whoever was with him and what was happening.

Two men, aged 30 and 34, were tried for his murder but acquitted after it was heard that there was not enough evidence against them.

The trial took place in September 2017 but was stopped by the judge for undisclosed legal reasons after which it was stated that there was insufficient evidence against the men. The decision was appealed but upheld by a court of appeal on Wednesday 1 November 2017 and the men were discharged.

When the judge stopped the trial on 26 September 2017 he said that he could not tell the jury why he had stopped it for legal reasons. He said, 'I regret to have to tell you that I must discharge you as a jury from any further consideration of this case. I make it absolutely clear that it is nobody's fault. It is one of those things and I am unable to give you any further information about that at this time'. He also added, 'Please do not speak about the evidence or any discussions you have had in relation to this case with anybody else. That is very important indeed'.

The trial was expected to last three weeks.

The judge noted that there was no evidence of hostility between the pair and no evidence to disprove Giles Metcalfe had not set himself alight accidentally or intentionally.

Following the trial being stopped the decision was appealed and it was reported on 1 November 2017 that The Court of Appeal had upheld the decision to stop the case and not guilty verdicts were formally entered against each of the two men on trial.

Giles Metcalfe was homeless and had been sleeping in the Torrington car park in Tunbridge Wells in the early hours of 7 March 2017 when he became covered with barbecue lighter fluid and was set on fire at about 3am. He was found suffering from burns in the stairwell on the first-floor of the carpark by firemen with the Kent Fire and Rescue Service who then called the police at 4.04am.

It was said that he had been asleep in his sleeping bag at the time he was allegedly set on fire.

Forensic examination of his sleeping bag found that it had lighter fluid on it and an open bottle of barbecue lighting fluid and two lighters were found next to where he had been sleeping.

The 34-year-old was arrested on 8 March 2017 and charged on 10 March 2017 whilst the 30-year-old man was arrested on 13 March 2017.

When the 34-year-old man was arrested he said, 'That's the worst thing I've ever heard', and he denied killing Giles Metcalfe or starting any fires.

When the 30 year-old man was arrested for murder he said, 'I'm not guilty'.

The 34-year-old man added that Giles Metcalfe usually slept out of the way and was going to sleep behind Highlands House in Tunbridge Wells but that he had offered him his sleeping bag in the car park and that together with the 30-year-old man they had all started drinking together.

However, the 34-year-old man, who was also homeless at the time said that Giles Metcalfe had been behaving strangely before he died and 'acting weird' and that he had 'poured lighter fluid over himself whilst holding a cigarette'. He said, 'Giles started saying lots of really weird stuff. I have never heard him talking like that. He was talking weird. Giles then poured lighter fluid all over himself. This freaked me out and I left'.

Although it was suggested by the 34-year-old man that Giles Metcalfe had set fire to himself, an expert said that he thought that the most likely source of ignition for the fire was a naked flame being held to the sleeping bag.

The prosecution at the trial also said that Giles Metcalfe's medical records detailed no history or mention of him having had any suicidal thoughts, feelings or tendencies.

It was further noted that when the 34-year-old man's clothing was examined after being retrieved from the place he was staying, that traces of paraffin were found on his jeans, upper clothing, socks, and on a pair of shoes.

CCTV evidence was also presented to the court that showed the two men with Giles Metcalfe earlier in the evening of 7 March 2017 buying whiskey from a Sainsbury's store. Further CCTV evidence also showed then all together in Torrington Car Park off Vale Road.

The 30 and 34-year old men were later seen to leave the car park at 1.20am only to return at 2.07am and to then leave again six minutes later and the prosecution claimed that they had set fire to Giles Metcalfe in that period.

It was noted that evidence of the fire could be seen in CCTV footage reflected on a shutter outside the train station opposite the stairwell.

The prosecution then said, 'We make the point, for your consideration, why go into the car park for that short amount of time? Why, when they go into that car park for that short amount of time, does the fire start? And why, after being in the car park for that short amount of time, did they leave?' and then added, 'We submit on the evidence for your consideration that you can draw a proper and safe inference that together they went in to kill Mr Metcalfe by fire. What other explanation can there be? In, fire, out'.

When the prosecution addressed the issue of a motive they noted that during the evening when the three men had been in the stairwell that the 34-year-old man's girlfriend and her friend had come by and that whilst they were there that Giles Metcalfe had invited the 34-year-old man's girlfriend into his sleeping bag. It was also heard that the 34-year-old man's girlfriend and told the 34-year-old man whilst they had gone off for cigarettes that Giles Metcalfe was a paedophile who 'likes taking kids out of playgrounds', an allegation that the prosecution said that there was not one ounce of truth in. The prosecution then said to the jury, 'You will know how inflammatory such comments can be'.

However, the trial which opened on 18 September 2017 was stopped on 28 September after the judge made his decision.

Giles Metcalfe had formerly been a supermarket worker and was from the Tunbridge Wells area. He was separated from his wife and it was said that just before he settled down to go to sleep for the night that he had sent her a text message saying 'Settling down for the night. It's all good xx'.

It was noted that Giles Metcalfe was not the first dead person to be found in Torrington Car Park, it being noted that the body of Terry Edmonds, a 17-year-old girl, was found there in 2006, a crime for which 23-year-old Philip Bell, described as a homeless drifter, was convicted for.