A man has been jailed for the 'completely unnecessary' killing of his sister's 'nuisance' ex-partner after he turned up uninvited at her home.
Liam Fosbrook, now 29, 'took the law into his own hands' and stabbed Dylan Towers, 35, after Mr Towers arrived at his sister Tara's Stockport home in December 2021 despite having been banned from contacting her.
Armed with two large kitchen knives, Fosbrook went out and confronted Mr Towers, who was not armed, in the back garden of the property in Brinnington, inflicting 'at least three' stab wounds to the neck, chest and arm.
READ NEXT: Clubber handed over his pint before breaking man's jaw over 'inappropriate behaviour'
Prosecutors said Fosbrook 'did nothing' to help Mr Towers afterwards and instead returned inside the house. Neighbours called police and the court was told the quick actions of emergency services prevented Mr Towers from dying at the scene. However he succumbed to his injuries 12 days later in hospital.
Fosbrook stood trial twice over the death. At the first trial he was cleared of murder, but the jury were discharged in June last year after they were unable to reach a verdict on the alternative count of manslaughter.
A re-trial on the manslaughter charge began at the end of February this year and following a two-week he was found guilty on March 8.
He today (Wednesday, April 3) appeared back at Manchester Minshull Street Crown Court to be sentenced and was handed a seven-year jail term. He must serve at least two-thirds of that before he can be considered for parole.
Her honour Judge Tina Landale said she had sentenced Fosbrook on the basis of the evidence heard before her in the second trial only. The court heard Mr Towers and Fosbrook's sister Tara had been together but the relationship had recently broken down.
However, he had continued to 'harass and pester' her. He was made the subject of an exclusion order, prohibiting him from contacting Fosbrook’s sister or going near her home in Offerton. He breached the order on a number of occasions between June and August 2021 by turning up at her house.
Following those breaches, and an alleged assault on her, Mr Towers was made the subject of a domestic violence protection order, which was due to run out on December 16. The prosecution said he was "clearly a nuisance, but he was not dangerous".
The situation was 'causing difficulties' for Fosbrook's sister including her children being removed from her care by social services on December 15, 2021, the court heard.
Due to concerns she was 'suicidal' and 'may try to harm herself' Fosbrook was asked to stay that night at his sister's new address on Foliage Crescent in Brinnington and was taken there by police. Judge Landalde said despite being 'exhausted by work and a lack of sleep' he had 'gone there as a good samaritan in her hour of need'.
During the course of the evening, police were called after Mr Towers was spotted outside. He is said to have tapped on a window before 'promptly running off' when he spotted Fosbrook.
A police officer said when they attended there were several kitchen knives with different coloured handles laid out in 'three separate locations' in the living room which 'indicated deliberate placing.'
Judge Landale said that: "The only sensible conclusion is that you laid them out in order to have them available to you if Dylan Towers did get into the house." He was advised by police to 'stay inside and contact them' if Mr Towers did return, the court was told.
Mr Towers didn't return that night, but did so in the early hours of December 17 when he came round the back of the house 'as a trespassser' and entered the garden.
The judge said she accepted Fosbrook 'had 'not been sleeping', was 'concerned' for his sister' and had 'never been in a similar situation before.'
However, she said she rejected suggestions from the defence that Mr Towers had tried to enter the property. "The back door was completely undamaged," she said. "You lost patience with Dylan Towers and chose to go and confront him."
She said what followed was 'totally uneccessary and disproportionate.' Despite claims in the trial he took only one knife out with him, the judge said she was 'sure' he took two with him, even if both were not used.
The court was told the pair grappled during which Fosbrook inflicted 'at least three' stab wounds. 'Covered in blood' he 'must have known he was seriously injured' the judge said, but he 'took no steps to help him'.
One knife was later found in a neighbour's garden while the other was found under a Christmas tree inside the house, both of which contained Mr Towers' DNA. Neil Fryman, prosecuting, said that through their verdict the jury 'must have rejected self-defence' as a defence in the case.
Join our FREE Manchester Crime and Court WhatsApp group by clicking here
Richard Vardon, defending said: "The deceased chose to be there. He chose not to go when he had been originally confronted. He knew he wasn't welcome. We know this (Fosbrook) was someone who was genuinely fearful for both for his sister and for himself."
The court heard Fosbrook, of Sheen Gardens, Wythenshawe, who has no previous convictions, was a 'young man very highly thought of by his family and friends and was helpful to all those who knew him'.
Mr Vardon read a letter from Fosbrook to Mr Towers' family which he said showed, despite his not guilty pleas, his 'genuine remorse' at the consequences of his actions.
In a victim impact statement, Mr Towers' auntie Susan Heaps, who raised him from when he was child, said that despite the fact he 'could be a nuisance and could cause trouble', he 'wasn't violent' and 'wasn't a fighter', but was 'generous'.
She said his death had 'devastated' and had 'left a huge hole in our family.'
Passing sentence, Judge Landale told Fosbrook: "This was not a case of self-defence, there was no reason for you to go out and confront him. There was no danger to you or your sister Tara if you had remained inside with the door locked.""
She said seven years was the 'least possible' sentence she could impose. There were tears in the public gallery, which contained members of both families, as he was led away.
Try MEN Premium now for FREE...just click hereto give it a go.
Sign up to our Stockport newsletter to get the latest updates to your inbox
