The co-defendant of the man accused of shooting a beautician outside a pub on Christmas Eve cannot be found guilty “by association”, his barrister has said.
Connor Chapman, 23, is accused of killing Elle Edwards, 26, and injuring five others by opening fire with a Skorpion sub-machine gun outside the Lighthouse in Wallasey Village, Wirral, Merseyside, shortly before midnight on December 24 last year.
Thomas Waring, 20, is charged with assisting Chapman by helping to burn out the stolen Mercedes used in the shooting and with possessing the gun, which is alleged to have been taken to his home in Barnston, Wirral.
He chose not to give evidence in the trial at Liverpool Crown Court.
In a closing speech on Wednesday, William England, defending Waring, said: “There’s nothing cowardly about a defendant choosing not to give evidence in a criminal trial.”
He said the prosecution had failed to submit any motive as to why Waring would get involved, other than that he “hangs around” with people on an estate where there are gang members.
He said: “There’s no such offence as guilt by association in this country, yet.”
Summing up the case, Mr Justice Goose said the jury could regard the fact Waring did not give evidence as support for the prosecution case, if they felt the case was sufficiently strong that he had no reason for not giving evidence other than because he had no answer that would stand up to cross-examination.
Mark Rhind KC, defending Chapman, said the gunman could be one of a number of suspects.
Speaking about the clothing worn by the shooter, he said: “In that pool of 20 or 30 or 40 suspects, all will be wearing that similar scally-type uniform.”
Jurors in the trial are expected to retire to start deliberations on Thursday.
Chapman denies murdering Ms Edwards, two counts of attempted murder, two counts of wounding with intent to cause grievous bodily harm and one count of assault occasioning actual bodily harm.
He also denies having a Skorpion sub-machine gun with intent to endanger life and ammunition with intent to endanger life.
Waring denies possessing a prohibited weapon and assisting an offender by helping Chapman dispose of the car.
