BEFORE retiring to consider their verdict, the judge in his summing up urged the jury to be sure in their minds that missing businessman David Guilfoyle was dead.

Shane Fitzpatrick, 36, of Lyndale Road, Hapton, denied murdering Mr Guilfoyle, 37, of Royds Avenue, Accrington, on or about 25 May last year.

Mr Guilfoyle has not been seen since leaving the Grey Horse pub in Whalley Road, Accrington, that evening after watching the Champions League final between Liverpool and AC Milan, and no trace of his body has ever been found.

In his summing up Judge David Clarke asked the jury to reach the sure conclusion that Mr Guilfoyle is dead and that Mr Fitzpatrick is responsible for his murder and the disposal of his body.

He said they should consider whether Mr Fitzpatrick "planned with consideration, care and with determination" and equipped himself to dispose of the body.

The judge spoke about the possibility that Mr Guilfoyle had staged his own disappearance and asked the jury to consider the defence evidence that Mr Guilfoyle may have gone abroad to Spain to get away from enemies he made in shady activities.

The defence had said cash missing from a shoe box at Mr Guilfoyle's house might have been taken by Mr Guilfoyle. He asked them to consider that he gave his girlfriend Debbie Fitzpatrick her house key back on the day he disappeared and that a friend in the cigarette business had said that Mr Guilfoyle had been behaving strangely before he disappeared.

He also asked them to consider witnesses who claimed to have seen Mr Guilfoyle after he disappeared.

But he said the prosecution argued that Mr Guilfoyle must be dead.

He asked the jury to consider the forensic evidence - the extensive blood stains on the drive of Mr Guilfoyle's house.

He said his passport, cards and keys had all been found and he had plans for a holiday with his daughter. He had also paid for a jacuzzi to be installed at his home and had tickets for a forthcoming boxing match.

He had also been planning a new direct debit scheme for his properties - all signs that he had plans for the future.