A judge and jury were kept waiting as a man on trial for murder refused to give evidence - because he wanted a smoke.

Lithuanian Tomas Uptas - who is accused of killing his girlfriend - had gone into the witness box yesterday morning.

Then, at lunch time, he was reminded by the judge, Mr Justice Cooke that he would not be able to talk to his legal team about the case, as he was in the process of giving his evidence.

But when the time came for him to resume it became clear that he was refusing to return to the courtroom.

After lengthy discussions in chambers - with jury, press and public kept out - the court was re-assembled and the judge told the jury: "I apologise for the delay.

"The defendant is refusing to give evidence this afternoon on the basis that he is a smoker.

"He feels the need for a cigarette, which he has not had since he left the prison this morning."

The rules of the court, a public building, meant that the request for a cigarette could not be granted, the judge explained.

Uptas, 32, is on trial at Maidstone Crown Court, where he denies that he strangled his girlfriend Loretta Raupiene.

The 46-year-old was found dead in the bedsit the couple shared in Victoria Road, Canterbury, on November 26 last year.

As well as the murder charge, Uptas also denies false imprisonment of David Bowles and possessing a BB gas-powered gun with intent to cause fear of violence on the same date.