The killer of Geoffrey Leeming, the retired Haxby army man, must have known his victim would be in his garage on the evening of his death, York magistrates' court was told.

Today was the second day of the hearing to decide whether his widow, Jackie, and his children, Stephen and Jayne, and the company secretary of the family firm, Malcolm Herbert, should be tried for conspiring his murder.

Stipendiary magistrate Guy Hodgson was reading more than 200 pages of evidence about the case.

Earlier, Paul Worsley, QC, had said that Geoffrey Leeming's death was a planned murder for these reasons.

The killer must have known Mr Leeming would go to the garage that evening, and pulled out the strip light bulb in the garage so that it would be in darkness when Mr Leeming entered, Mr Worsley alleged.

In his opening, he alleged that relatives were due to visit Geoffrey and Jackie Leeming at their home in Lindley Avenue, Haxby, but on October 9, 1996, the day of his death, Jackie Leeming cancelled the visit.

Stephen Leeming telephoned his mother on his mobile phone, claimed Mr Worsley.

"Very shortly after that Geoffrey Leeming went to the garage".

Mr Worsley alleged: "The prosecution submits that Jackie Leeming assured that her husband went to the garage on whatever excuse or that this was part of his common routine that someone went in the early evening to the garage which would then be locked."Mr Leeming entered the garage.

Some time between 7.30 and 8pm, he died from a stab wound to his heart from a sharp knife and was repeatedly stabbed, Mr Worsley claimed.

The killer then escaped from the quiet cul-de-sac and, as yet, the prosecution have no evidence identifying him with any of the four defendants, he added.

Jackie Leeming, 55, and Jayne Leeming 30, of The Barns, Plainville Lane, Wigginton, and Stephen Leeming, 33, formerly of Stockton-on-the Forest, and Malcolm Herbert, 37, of Stray Road, Heworth, are contesting committal to a Crown Court for trial on a charge of conspiring to murder Geoffrey Leeming, 63.

The three Leemings are also contesting committal to the Crown Court, on a charge of fraudulent trading involving the family firm, Leeming Drains Services Ltd.

Mr Worsley alleged that Geoffrey Leeming was a thrifty man who was very careful with money and who would not have approved of any dishonesty by any of his family.

Stephen Leeming told police that he had received £200,000 from his father, claimed Mr Worsley.

Jayne Leeming had bought a new horse box and an expensive car and was buying an expensive house at the time of her father's death.

"These defendants have consistently misled people as to the state of Geoffrey Leeming's health and their relationship with him which is, perhaps, surprising if this was a caring relationship."

All three of the Leemings were telling lies before his death, he claimed.

Shortly after his death, Jayne Leeming went ahead with details of her house move despite the owner of her new home offering to postpone them.

The hearing is expected to continue for several days.

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