The jury in the Clingfilm kinky sex trial has been told it will only have to decide if the two men killed P&O chef Alun Williams by gross negligence.

Richard Bowler and David Connor had faced alternative manslaughter charges.

Mr Williams died from a heart attack after he went to a flat in Dover and requested he be bound in Clingfilm, PVC and a hood.

But after listening to legal arguments at the end of the Crown’s case, Judge Adele Williams ruled the two should only face manslaughter by gross negligence.

The prosecution alleged that having wrapped him in Clingfilm they owed him “ a duty of care” but failed to take reasonable steps to ensure he was safe and well.

The Crown also alleges that the breach of duty amounted to gross negligence which was a substantial cause of Mr Williams’ death in August last year.

Bowler, 35 and Conner, 23, both of Sturry Road have denied the charge and the defence case is expected to begin this morning.

The jury at Canterbury Crown Court has heard how Connor worked as a live-in carer for Bowler, who sufferers from Cerebral Palsy.

Connor is alleged told have told officers that after discovering Mr Williams died Bowler planned to fly abroad and checked for flights on his computer.

He told police: “I tried to calm Richard down. He was saying he wanted to kill himself, because of his self pity. Then he wanted to call up for tickets.

"I think he actually went onto his laptop to check out how much the tickets were as well.

“I talked him out of not doing that as well. I think he said he wanted to fly toMalaga and also get some alcohol.”

Connor claimed he had been playing football at Sandwich earlier in the day and had returned to the flat.

He later admitted that he took part in wrapping Mr Williams in Clingfilm in the hope of earning some money.

The trial is expected to end next week.