The case against Dennis Alma Robinson was yesterday branded ?desperate?, as his lawyer outlined why a jury should clear him of murdering the Cooper twins.

John Perry QC said there was no evidence to support Prosecution claims the defendant helped co-accused Kenneth Burgess launch a violent baseball bat attack on the brothers.

Mr. Perry told the jury: ?Mr. Robinson killed no one. Everyone knows that, yet the Prosecution ask you to convict him of murder with life imprisonment.

"We say that would be an injustice.?

The lawyer said his client was in Burgess? Crown Hill Lane ground floor flat when the twins were attacked on March 13, last year. Robinson failed to intervene and did not leave the room, the jury heard, in an attack that ?came out of the blue?.

However, the QC also told the court that Robinson did not ?lay a finger? on either twin, did not pick up a weapon and did not encourage Burgess to commit murder, as the Prosecution claim.

And Mr. Perry said the fact the defendant was in the room ? at one stage with seven other people ? did not make him guilty of murder, because he had no duty to protect the twins.

Warning the jury they were not in a ?court of morals?, Mr. Perry said that for his client to be liable there had to be clear evidence he helped when murder was committed.

He said the Prosecution could not prove Robinson stood by the door stopping people getting in or out, or that he had a ?shared intention? with Burgess to murder.

?Mr. Robinson did not stop anyone going to help the twins and did not prevent anyone leaving,? said Mr. Perry, who added that one of the witnesses, Devario Whitter, had freely left the room.

Mr. Perry said the evidence of Prosecution witnesses, Mr. Whitter and Gladwyn Cann, who the court heard were among a group including the twins driven from Burgess? Elliott Street gambling den to Crown Hill Lane, was ?diametrically opposed?.

He said the decision for the group to head to Crown Hill Lane was a last minute one, with Ambassador?s nightclub the initial destination. He said the court heard how three three people in Robinson?s van ? the defendant, Jahmal and Mr. Cann ? were not aware of any change of plan.

Inside the flat, Mr. Perry said that, according to the Prosecution case, nobody in the room helped the twins or tried to prevent Burgess assaulting them.

The QC also rejected claims Jahmal?s blood was found on the inside door Robinson?s van because the vehicle had been used to transport the brothers? bodies to Abbot?s Cliff.

He said the court had been told blood had been ?flying? around the ground floor flat during the attack and asked the jury if they could rule out the smear coming from a passenger, given a lift from the Devonshire flat, who had blood on his shoes.

Mr. Perry also asked why no other blood evidence was found in the van, particularly on the steering wheel, ignition key, gear stick or on either of the sliding doors.

Meanwhile, the lawyer dismissed as ?worthless? CCTV shots showing a van heading east through Flatts at 5.45 a.m. on March 13, and images of a van heading west at the same location at 6.38 a.m.

Prosecutors have suggested these pictures, which show no driver or registration plate, catch Robinson?s van driving to and from Abbot?s Cliff to dump the twins? bodies, getting them out of Crown Hill Lane at the first possible opportunity in a bid to avoid detection.

But Mr. Perry said the van could have been heading in several destinations instead of Abbot?s Cliff. The evidence was ?the last desperate throw of a bankrupt Prosecution,? he added.

He also said that the two eyewitnesses never said anything about seeing Jahmil receive neck injuries that a forensic pathologist told the trial would have been lethal.

So, the jury heard, they must have been inflicted after Robinson had left the apartment.

Robinson decided not to give evidence or call witnesses during the four-week trial.

Mr. Perry said he should not be criticised for exercising his legal right. ?This can?t be used as a crutch to prop up the Prosecution case.?

Trial judge, Chief Justice Richard Ground, started summing up the case for the jury yesterday morning. He is expected to continue into this morning before the jury retires to consider verdicts.

Earlier yesterday, Senior Crown counsel Paula Tyndale finished her closing speech.

She told the jury Robinson had helped Burgess kill the twins by keeping the ground floor flat secure, preventing people seeing or hearing what was going on inside. She said he helped ensure Gladwyn Cann left and later took other witnesses away from the scene to Ambassador?s.

She pointed to Mr. Cann?s sighting of Robinson?s van which indicated he was returning to Crown Hill Lane, and not home to his house in Southampton.

On the Flatts CCTV footage, she admitted there was no conclusive proof it pictured Robinson?s van. But she compared the pictures, which she said suggested were consistent with markings on the front of both sides of the van, with blue company logo on the driver and passenger sides of Robinson?s vehicle.

Ms Tyndale said if anyone could have reasoned with Burgess to stop, his long-standing friend Robinson could have. She said he also had his van there, but decided to stay as violence escalated.

?What does that suggest about Mr. Robinson?s intentions,? she asked the jury. ?We are not saying that he himself had any intention to do GBH or kill, but rendering assistance to a person who had at least one of those intentions... also makes him culpable.?

Ms Tyndale also denied the Prosecution had been anxious to prevent Burgess? phone records going before the jury.

They objected when Police officers, not qualified to interpret them, and not experts were asked to comment on them, she said.

She said if the violence at Crown Hill Lane took place between 3.45 and 4.45 a.m., why did Burgess not take a call from his wife at 4.28 a.m.?

The defendant claims he was gambling at the time, and told the court when he did speak to his wife at 4.45 a.m. he told her to take a taxi to the hospital with her sick son because it would be faster.

Ms Tyndale said it would have been quicker for Burgess to have picked her up. ?The reason why he could not leave was because he had pressing matters to attend to at Crown Hill Lane,? she said.

She said the Crown had no problem with phone records because they supported a claim that Burgess did not speak on his phone between 3.30 and 4.45 a.m on the morning the twins disappeared.

Burgess, 34, and Robinson, 34, both deny murdering the Cooper twins on March 13, 2005.