Devizes dad Matthew Baggott died of stab wounds inflicted by Daniel De Costa in Saint John’s Court, Devizes on Thursday September 6 2007, Winchester Crown Court was told today.

Prosecuting barrister Ian Lawrie told the court that there is no disagreement that De Costa, 31, of Kingsbury Square, Melksham was responsible for Mr Baggott’s death.

But he said there is contention as to whether De Costa was fully responsible for his actions or whether, as his defence contends, that he was suffering from an abnormality of mind that led to his actions on the day.

De Costa has pleaded guilty to manslaughter but not guilty to murder on the grounds of diminished responsibly.

Devizes man Mark Hiscock spoke of the moment his close friend Matthew Baggott was stabbed to death in front of his eyes.

Giving evidence before Winchester Crown Court today, Mr Hiscock said that he and a group of friends had been drinking in Hillworth Park on the morning of Thursday September 6 2007.

They then moved on to St John’s churchyard where they met up with other drinkers including Mr Baggott.

There were two other men there, said Mr Hiscock, who were later identified as Daniel De Costa and Julian Hill. Mr Hiscock said the two men made him feel very nervous. He told prosecution barrister Ian Lawrie “I tried speaking to them but they wasn’t making much sense. They were very drunk. I think they was on something else because of the way they were acting. Very aggressive."

At one point, De Costa, who had been sitting alone at one end of the graveyard, smashed a bottle of sherry he had with him. Mr Hiscock said Mr Baggott had remonstrated with him over this.

Mr Hiscock said “the vicar lets us use the graveyard as long as we leave it clean”. He agreed with defence barrister Nigel Pascoe QC that De Costa had started to pick up some of the broken glass after Mr Baggott spoke to him. Shortly afterwards De Costa produced a knife from his jeans pocket, told those around him he was going to cut their throats and told them to kneel on the ground. When no one knelt down, De Costa put the knife away.

Mr Hiscock said this made him very anxious. He said “I’ve got kids”. Later on Mr Baggott said he needed to go and see his partner Mel and his two dogs so he, Mr Hiscock and another friend, Robbie Alexander, started to walk toward St John’s Close.

Mr Hiscock said that De Costa and Mr Hill had followed and caught up with them at the churchyard gates.

Mr Hiscock said “the bloke with the tattoo (De Costa) gave Matt a cuddle then he stabbed him in the stomach. I’d never seen anything like that before. I just froze.” Mr Hiscock said “De Costa went on stabbing Mr Baggott then ran off with Mr Hill who had tried to intervene and was cut on his wrist.

Mr Hisock said “he used his mobile and rang for police and ambulance”. He later identified De Costa to police when he was arrested a few minutes later.