26 July 2012 Last updated at 14:26 ET

Clacton murder accused 'punched and kicked' by victim

Elisha Francois said she told Mr Smith-Daye there were children sleeping next door

A 21-year-old woman on trial for murder was pregnant when she was "punched" and "kicked" by the man she is accused of killing, a court has heard.

Oliver Smith-Daye, 29, was found fatally hurt in Trimley Close, Clacton-on-Sea, Essex, on New Year's Day.

Elisha Francois, 21, of Harold Hill, Charlie Jacobs, 23, of Beach Road in Clacton, and Alan Didier, 42, of Renfrew Close, London, deny murder.

The three are currently on trial at Chelmsford Crown Court.

Giving evidence, Miss Francois told the jury she had returned from a party when she heard a banging sound next door in the early hours.

Miss Francois, who was pregnant at the time, said she asked Mr Smith-Daye - who she had never met before - why he was "banging" on the door.

She told him there were children sleeping in her house.

'Throwing punches'

"I just wanted him to stop banging," she said.

She then described how Mr Smith-Daye then grabbed her by the wrists.

"I was pulling away from him. He punched me in my left eye," she said. "I fell to the floor. He started kicking me."

Miss Francois denied retaliating at any stage.

She called out for help and, she said, her partner Mr Jacobs came outside only to be punched in the face and knocked on the floor.

"Charlie got back up and then he started fighting with Oliver," said Miss Francois. "They were throwing punches at each other."

She described how Mr Jacobs and Mr Smith-Daye were fighting close to a wall in the street when she saw Mr Didier approach with a golf club.

"He drawed it back and he hit Oliver with it," she said. "We said: 'Don't do it'. He hit Oliver around the head with it and I heard a thud."

Miss Francois said Mr Smith-Daye fell over the wall and Mr Jacobs went around and started punching and stamping on him.

Giving evidence on Wednesday, Mr Jacobs said he was woken from the sofa in the house when he "heard Elisha screaming" and calling out for him.

Mr Jacobs admitted punching Mr Smith-Daye, but denied stamping on him.

He said he was "trying to defuse the situation".

Asked why he didn't flee the scene, Mr Jacobs said: "because I didn't believe I'd done anything wrong."

Earlier in the case, the court heard Mr Smith-Daye died at 18:00 BST on New Year's Day at Colchester General Hospital of an internal bleed.

The trial continues.