A man whose DNA was found on a bullet casing left at the scene of a "public execution" was today cleared of murder.
Patrick Boyle, 26, was shot dead in Huyton just before 6pm on Thursday, July 1 last year, when prosecutors say he was "shown no mercy". It was alleged Rueben Murphy, 26, was the shooter on an electric bike and that he carried out the killing with the help of Ben Doyle, 24.
A third man, 20-year-old Thomas Walker, was also accused by prosecutors of being "complicit in the murder". Liverpool Crown Court heard his DNA was discovered on a bullet cartridge found in Newway, a cul-de-sac off Lordens Road, where Mr Boyle was gunned down.
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But a jury was today directed to return formal "not guilty" verdicts against Walker on charges of murder, possessing a firearm with intent to endanger life, and possessing ammunition with intent to endanger life. That was after Walker admitted a charge of possessing ammunition without a firearms certificate.
Ian Unsworth, QC, told the court the Crown wished to add that charge, count four, to the indictment, in relation to Walker alone. That was approved by High Court judge Mr Justice Stephen Morris.
Walker, of no fixed address but formerly of Clubmoor, pleaded guilty to the charge. He admitted that "on a day or days unknown, between January 1, 2021 and July 1, 2021" he was in possession of ammunition "namely a quantity of 9mm parabellum calibre cartridges".
Mr Unsworth said: "My Lord, the Crown has a key duty to keep evidence under review and we have done precisely that. In our judgement, having carefully considered all relevant factors, we are satisfied in the case of Mr Walker, the plea to count four is an appropriate one.
"Bearing in mind the totality of the evidence in the case, we are of the view it is no longer appropriate to pursue counts one to three and, in Mr Walker's case, it will be our proposal to offer no evidence."
Peter Wright, QC, defending Walker, said the wording of the particulars of the charge, which he said "may be a matter of legal importance", were "between" the dates of January 1 and July 1. He said: "In other words, he pleads guilty on the basis of possession of a single round of ammunition, that's the single round upon which the discharged cartridge found at the scene bore his DNA, and that his possession of that round of ammunition, was on a date other than the date of the shooting."
Justice Morris directed the jury to return formal "not guilty" verdicts against Walker in respect of the other allegations. After a short break, the trial resumed without Walker in the dock.
In an unrelated development, earlier today a juror was discharged, meaning the trial continued with a jury of 11, rather than 12. Justice Morris told the remaining jurors: "I have decided that it's not possible for juror number three to continue to sit on this jury.
"It's come to my attention and to the attention of others that he was having difficulty in concentrating on proceedings in court over the past few days. Accordingly I have discharged him from serving further on this jury."
Prosecutors allege Lyme Grove in Huyton, where Doyle lived, was "a hub for the launch of the fatal attack". They say CCTV suggests there was an "altercation" there, involving two men, one of whom was an associate of Mr Boyle, at around 12.40pm.
Mr Unsworth has told the jury Murphy was seen running away afterwards, before he made phone calls and sent texts to Doyle and Walker. Other CCTV clips are said to show Doyle riding a blue and white Sur-Ron electric bike in Lyme Grove at 1.51pm.
The jury has heard the bike, by then partially "wrapped in black bin bags", was seen leaving the rear garden of a property two houses down from Doyle's home at 5.40pm. Prosecutors allege Doyle was on the bike and he was soon joined by Murphy, who they say then split from his associate and used the bike to travel to Newway and carry out the murder.
The victim was shot and struck by at least two bullets just after 5.56pm. The jury has watched footage of the alleged gunman - said to have been wearing black gloves - then making his way to Barkbeth Road in Huyton, where Murphy was living at the time.
Prosecutors say the cyclist went off camera in that area for around eight minutes. A detective has told the jury CCTV showed the rider - no longer wearing gloves and with the dark material wrapped around the bike no longer visible - then cycled to Lyme Grove, where he arrived by 6.08pm and had an "interaction" with a man said to be Doyle.
Murphy, of Oak Avenue, Newton-le-Willows; and Doyle, of Lyme Grove; Huyton, deny murder, possessing a firearm with intent to endanger life, and possessing ammunition with intent to endanger life.
(Proceeding)
