THE jury in the trial of a Northwich businessman accused of rape have been told nobody underestimates the responsibility on their shoulders.

After listening to four days of evidence in the trial of Benjamin James Kershaw, of Bishops Way, Winnington, the barristers in the case made their closing speeches at Chester Crown Court as the case nears its conclusion.

Mark Connor, prosecuting, reminded the seven women and five men how they have had to pay close attention to a 'very troubling case'.

“What is required is a careful assessment of all the evidence,” he said.

“Which witness was doing their best to assist you in that and which was truthful?

“Was anyone being evasive when answering their questions and trying to pull the wool over your eyes?

“If you are sure Mr Kershaw took advantage of the complainant as she slept in her bed, then it is your responsibility to find him guilty.”

Mr Connor added how Kershaw’s defence theory – that the allegation had been made up by the woman because of difficulties in her relationship at the time – didn’t stand up to scrutiny.

“If there is no real reason why she told lies, why did she tell lies,” he asked them.

“The defendant’s account doesn’t stand up.

“He’s had years to think about dates, but how many times did he say he couldn’t remember?

“That’s what happens when people tell lies – they trip themselves up.

“There is no clarity in his evidence because he is telling lies.”

Mr Connor also criticised the evidence of the complainant’s former boyfriend, saying he had an agenda to 'sabotage' the prosecution case.

He went on to also criticise 41-year-old Kershaw for deleting messages from his phone - despite telling the woman’s former boyfriend at the time the allegation was made public, would make it look 'ridiculous'.

“Who in their right mind would delete those messages if they existed,” he said.

“It doesn’t make any sense because he’s not telling the truth.

“The police could find no evidence on his phone to substantiate his claims the pair had ever been in a relationship.

“It simply doesn’t hold water.”

However, Kershaw’s defence barrister Daniel Travers, said the prosecution’s case was ignoring its own evidence.

“The evidence provided by her former partner didn’t represent a change by him.

“It was in his statement he gave to police in September 2020.

“That statement could have been fatal to Mr Kershaw if the complainant had said the same thing, but she didn’t.

“The prosecution knew this when they called him as a witness, so he didn’t make it up as some form of agenda.”

Mr Travers also pointed to the fact the woman hadn’t told anyone about another occasion when she went out with Kershaw to Piccolino in Chester.

“She gave the impression of a horrible night out in Manchester the Saturday before,” he said.

“That is undoubtedly the impression she gave.

“Who in their right mind would go out with someone so soon after what was such a disastrous evening?

“Why was it missed out when she gave her video interview – unless it was deliberately left out.

“And don’t hold it against Mr Kershaw that he deleted messages – the complainant did exactly the same thing.

“The prosecution has to prove he’s guilty and there are no messages that do that.

“This is obviously the biggest decision that is going to affect his life forever.”

Judge Michael Leeming will conclude his summing up of the case on Friday morning before the jury will be retired to consider their verdict.