The trial of a man accused of a £1.8 million will swindle was halted after the defendant was beaten up in prison.

David Spillman, the man accused of trying to get his hands on pensioner Annie Kay's cash, had dark red bruises on his face as the result of a severe beating from inmates at Chelmsford Prison.

He denies he knew anything about the scam in which his mother-in-law, Annette Russill, dressed as the spinster and forged her signature.

Russill, 64, has admitted impersonating Miss Kay and forging her signature so her fortune would go to the Spillmans rather than the original beneficiary, the charity Scope.

The trial was postponed all morning while Spillman, who is in the middle of giving his defence evidence, was seen by a doctor.

When the trial resumed in the afternoon, Spillman's defence counsel, Stuart Stevens, told the jury: "Mr Spillman was beaten up by inmates as the result of newspaper reports.

"He has been given painkillers and is anxious to continue his evidence.

"I understand that the bruising goes all the way down his body, not just his face, and if he is suffering in any way he is to indicate so."

Spillman, of St Andrew's Road, Shoe-bury, then continued to answer questions from the prosecution, but on several occasions protested he could not remember what had happened two years ago.

The 45-year-old was asked how he was getting on with his wife in March 1997 when the fraudulent signing of the will took place.

Annette Spillman, of Dawlish Drive, Leigh, has admitted conspiracy to defraud.

Her husband yesterday said to the Crown Prosecution counsel: "You're asking me to refer back to March 1997, to a particular day and how I was getting on with my wife?"

When asked again he added: "In lots of different ways."

Denies fraud - David Spillman

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