A MURDER accused man has ‘refused’ to attend his trial.

Benjamin Atkins did not get on the prison van to Winchester Crown Court on Friday morning.

Atkins and his girlfriend Debbie Pereira have been facing trial for murder at the court since April 11.

Prosecutors allege the couple murdered 49-year-old Simon Shotton in Boscombe on August 18.

The court was due to hear evidence from Atkins on Friday.

On Friday morning, The Honourable Mrs Justice Stacey told the jury: "Mr Atkins isn’t here today, and we were hoping that we’d be starting his evidence.

“This morning, we got a confirmation from the prison that he had not got on the van to come to court and that his reason, which I suppose technically is a refusal, was, ‘Up all night. Unwell.’

“It’s right to say that yesterday afternoon after Ms Pereira’s evidence, Mr Atkins spent time with Mr Ali [his barrister] and Mr Atkins told Mr Ali that he wasn’t feeling well yesterday afternoon.”

The court heard how Atkins’ barristers had sought to set up a video call with their client to see if he would be well enough to begin evidence later today.

Judge Morris said: “Unfortunately, the prison said they couldn’t facilitate any contact with Atkins at all.

“All they can offer to us is a five-minute phone call at 1.45pm so I don’t think we can have any confidence that if we wait until 1.45pm that we can have Atkins back here and well enough to give evidence.

“It does mean that we’re not being able to get on with the live evidence today.”

The jury were sent home shortly before midday on Friday.

They are due to return at 10am on Tuesday.