THE doorman at the centre of the Yates's Wine Lodge murder trial is responsible for the death of William Smith, 62, a jury at York Crown Court heard.

But, said defence barrister Rodney Jameson QC, that does not mean Paul Maurice Garner, 60, had committed a crime.

"It is a legal fact that he is responsible for that death. It is a pretty difficult thing to live with. You have to be satisfied that the killing was unlawful," he told the jury.

Defining murder and manslaughter, he said: "The killing must be deliberate, not an accident and that is the principal question in the case".

Prosecution counsel Aidan Marron QC told the jury: "He (Garner) had done exactly what he set out to do. He had taken the man out. He was left unconscious on the floor."

Garner, of Chaloners Road, Dringhouses, York, denies alternative charges of murder and manslaughter.

The jury has heard that Mr Smith, of Cemetery Road, York, died four days after an incident between him and Garner outside Yates's Wine Lodge, next to Ouse Bridge, York, on Good Friday.

In his closing speech, Mr Marron said: "Here we have got a real professional head-butt. The defendant suffers absolutely no injuries at all."

He said the force of the collision had knocked 17-stone Mr Smith ten feet.

In his closing speech, Mr Jameson strongly disputed that Mr Smith had travelled ten feet. The collision of heads was accidental and had only given Mr Smith a black eye before he hit the ground, said the barrister.

About witnesses who alleged the collision was deliberate, he said: "There was that sickening clash as he (Smith) hits the ground, of course they are going to think it is deliberate. They are wrong."

Earlier, giving evidence for the defence, Yates's head doorman, Philip Kendall, revealed that police had arrested him on suspicion of perverting the course of justice over Mr Smith's death, but had not pressed charges. He denied lying to police or the court.

Mr Jameson accused police of arresting him because his story had not fitted their view of the case.

The jury was expected to retire to consider its verdict this afternoon.

Updated: 11:01 Wednesday, November 19, 2003