One of the men accused of murdering soldier Lee Rigby has said nothing in evidence which is a defence in law, the Old Bailey heard today.
Mr Justice Sweeney told the jury that nothing had said by Michael Adebolajo in his evidence amounted in law to a defence to the charge of murder.
But defence counsel for both Adebolajo and Michael Adebowale can argue that the prosecution have failed to prove any of the elements of murder, he added.
Adebolajo and Michael Adebowale are said to have mown down the fusilier and then hacked his body to death in the street in Woolwich in May last year.
Said the judge: “I have ruled that nothing said by the first defendant and... his evidence - in short that he was a soldier of Allah and was justified in doing what he did - amounts in law to a defence to this count.
“So nothing that he has said amounts in law to a defence to count one.”
He added: “Both defence counsel must and will respect that ruling in their speeches.”
However Adebolajo, 29, and Adebowale, 22, no longer face a charge of conspiracy to murder a police officer.
They still face the murder charge and a count of attempting to murder a police officer. They both deny both charges.
In his closing speech, prosecutor Richard Whittam QC said “Islam, one of the world’s great religions, is not on trial.”
Recounting the events of May 22 and the prosecution’s case, Mr Whittam showed the jury once again images of bloodied knives, and also replayed the video clip in which Fusilier Rigby is seen being hit by a Vauxhall Tigra.
“What was the consequence of driving into Lee Rigby?” asked Mr Whittam. “The consequence was it broke his back.”
Replaying a video clip showing Fusilier Rigby being dragged into the road, Mr Whittam said: “Is this a humane killing?
“Is this a killing with an attempt to decapitate and then deposit the body in the middle of the road causing traffic to stop and turn around?”
Mr Whittam recalled witness accounts previously read to the jury as well as extracts from a note handed to Amanda Donnelly-Martin at the scene.
“You will have to consider if that’s a suicide note,” he said. “Note that it contains the phrase ‘If I live beyond this day’.
“What was the purpose of what they have done, killing Lee Rigby in the way the had done, in putting the body there and staying at the scene?
“To borrow a phrase from the first defendant - carnage.”
The case continues.
