ET's stepfather was not a defence witness, he was called by the prosecution.
Stepmum accused of murdering Arthur was 'catalyst' for tragedy
11:01
Trial resumes on Day 19
[...]
13:15
Tustin's stepfather gives evidence
John Dutton, Emma Tustin's stepfather, is called to the witness stand.
He confirms Hughes and Tustin would bring Arthur to his home.
Describing his initial impressions of the boy he says: "He looked a nice looking lad. Nice, healthy lad, played in the garden running around with my two grandchildren, full of energy. Normal six-year-old.
"He was quite built, didn't look different to any other child."
13:16
Arthur had lost weight
Mr Dutton states that he never saw Arthur misbehaving in his home.
He tells the court Arthur 'loved football' and usually came to his home wearing a Birmingham City or Liverpool football shirt.
Mr Dutton confirms the first time he saw Arthur after the first lockdown - in March 2020 - was six to eight weeks afterwards.
He agrees the boy had 'changed' adding that he appeared to have 'lost a lot of weight'.
13:18
Hughes 'ripped up Arthur's football tops in front of him'
Mr Dutton tells the court when Hughes brought Arthur to his home after lockdown he would tell him to sit at the table.
He says: "Sit there, hands on the table. He sat and stared at the wall. He wouldn't move. He would stay like that for hours."
Mr Dutton confirms Arthur was not allowed to play with the other children and adds: "It was always Tom. He said he had been naughty, playing up."
He tells the court Arthur would previously wear tracksuits or football shirts to his home but after lockdown he was always in his trainers and pyjamas.
Mr Dutton recalls that Hughes told him he had ripped up Arthur's football tops in front of him.
13:32
Arthur sat at table 'like a zombie'
Mr Dutton states there came a point in April or May time 2020 that he told Tustin to inform Hughes that he was not to bring Arthur to his home any more because the way he was disciplined was too much for he and his wife Karen Dutton - Tustin's mother - to witness.
He says: "I thought it was over the top the way he was disciplining him, making him sit at the table."
He adds: "The way he (Arthur) sat there, just sat there like a zombie. He didn't say a word."
13:35
'You could see he wasn't happy with Tom'
Mr Dutton tells the court if he offered to give Arthur food or drink that Tustin would refer him to Hughes, who would usually say he would feed Arthur at home but he could have water.
He says: "He just said he had been naughty. Most of the time he (Hughes) refused the water. He had never been naughty in our house. He was a pleasant little lad.
"He always came back with the same answer 'he's my boy, I'll bring him up the way I want to'."
Mr Dutton confirms he suggested Arthur should go back to live with his nan and grandad.
"You could see he wasn't happy with Tom, all he went on about was his nan, grandad and uncle Blake," he adds.
13:39
Tom had 'gone to town' on Arthur
Mr Hankin asks Mr Dutton if he ever heard references about injuries to Arthur.
He replies: "Yes. One Sunday, Tom came up, he said he had gone to town on him and when he done it, he went up into the shower and cried his eyes out."
Mr Dutton becomes upset and takes a few moments to compose himself.
13:42
Tustin's parents contacted social services
He states he took Hughes' phrase 'gone to town on him' to mean 'belt the life out of him'.
Mr Dutton says he was 'shocked' because Hughes 'didn't seem the type'.
He then tells the court that he made an anonymous referral to social services because he felt Arthur was 'in danger'. He confirms his wife was aware and was 'for it'.
14:27
Tustin 'victim of previous assaults'
The trial resumes following a lunch break.
John Dutton returns to the witness box. Ms Prior begins cross-examination.
Mr Dutton confirms he met Tustin as a teenager and at the time she had a number of difficulties, including being the victim of serious assaults, which impacted on her mental health.
He agrees that he became close with Tustin and she stated he was 'the nearest to a dad' she has ever had.
Mr Dutton also acknowledges that the relationship between Tustin and her mother Karen has not been so good.
He agrees they are both 'stubborn' and that they did not speak for around two years after one particular fallout.
14:32
Tustin once 'tried to take her own life'
Mr Dutton confirms Tustin tried to take her own life by jumping from the sixth floor of a multi-storey car park, and that Karen did not hesitate in helping to care for her after.
Ms Prior moves on to Tustin's relationships and says: "Emma doesn't like being alone. You have had to talk to her and explain that a bad relationship is worse than no relationship. She tends to cling on wanting something to last."
Mr Dutton agrees.
He tells the court that he and Karen 'worry' whenever Tustin starts a new relationship. But he adds that Tustin 'seemed happy' with Hughes at the start and there was 'nothing to worry about'.
14:47
Hughes told his discipline was 'over the top'
Ms Prior takes Mr Dutton to the 'definite change' between Hughes and Arthur after the first lockdown.
The witness confirms he told Hughes he thought his discipline was 'over the top'. He states Hughes 'shrugged his head' in response.
Mr Dutton states he became aware of Joanne Hughes' referral to social services. He tells the court he was unhappy about it because it would put more strain on Tustin and because there was an easy solution which was for Arthur to return to Joanne Hughes' home.
Ms Prior revisits the occasion when Hughes 'went too far' with Arthur and later 'cried about it in the shower'. She asks Mr Dutton if he suggested to Hughes that Arthur should return to his grandmother's home.
He replies: "Yes. I said it's getting too far."
Mr Dutton adds: "It could have been one of my grandkids."
14:56
'She was scared of Tom'
Ms Prior asks Mr Dutton if Tustin ever challenged Hughes about his refusal to let Arthur have any food at his home.
He replies: "I don't think so. I think she was scared of Tom."
Mr Dutton recalls on one occasion Tustin told him she had to pull Hughes off Arthur to stop him hitting him.
Ms Prior asks if he noticed any change in Tustin after lockdown.
Mr Dutton: "She's always been quiet, she might have been a bit more quiet."
14:57
Mr Dutton denies seeing Tustin shout at Arthur
Ms Prior concludes her questions.
Mr Richmond begins cross-examination.
Mr Dutton denies ever seeing Tustin shout or raise her voice at Arthur at his home.
He says it was 'always Tom' and that Tustin was 'frightened of Tom'.
15:07
Mr Dutton quizzed over police statement
Mr Richmond takes Mr Dutton to the statement he made to police.
He asks why he never included Hughes saying the exact phrase 'I've gone to town on him' and instead used the phrase 'gone too far'.
Mr Dutton insists the phrase Hughes said to him was that he had 'gone to town' on Arthur.
Mr Richmond asks Mr Dutton why his statement says that Karen Dutton made the anonymous call to social services and not himself.
15:10
Witness accused of lying
The witness replies: "Does it make a difference whether I made it or not?"
Judge Wall intervenes and states Mr Dutton is 'not to argue with counsel'.
Mr Dutton: "I'm not arguing."
Judge Wall: "With respect you are now arguing with me."
Returning to the issue at hand Mr Dutton says: "I thought I had made it (the social services call)."
Mr Richmond puts it to him that his account about the call 'is a lie'.
Mr Dutton: "No it isn't a lie."
He concludes his evidence.
