The man accused of helping Connor Chapman after the murder of Elle Edwards has not "waved the white flag" by not giving evidence from the witness box, his barrister has told a jury.
The beautician was shot dead aged 26 outside the Lighthouse pub in Wallasey, Wirral, on Christmas Eve last year. 23-year-old Chapman denies her murder, while Thomas Waring has pleaded not guilty to possession of a prohibited weapon and assisting an offender.
The 20-year-old is said to have taken custody of the Skorpion submachine gun used in the shooting after his co-defendant allegedly attended his home on Private Drive in Barnston in the immediate aftermath. He is also accused of helping to torch the stolen Mercedes A Class driven by the gunman at a rural location in Frodsham, Cheshire, on New Year's Eve.
READ MORE: Elle Edwards latest: Live updates as Connor Chapman trial enters final stages
Both men are currently standing trial at Liverpool Crown Court. William England, appearing for Waring, delivered his closing speech to jurors yesterday, Tuesday.
In his address, he responded to "robust remarks" from Nigel Power KC in the prosecution's closing speech - in which the silk described Waring's decision not to take the stand as the "ultimate in cowardice" and said he had "effectively waved the white flag of surrender to the evidence against him". But his counsel said of this: "If the case doesn’t merit any further explanation from a defendant - either because it’s weak or based on evidence that’s tenuous or predicated on a dangerous reliance of guilt by association, which proves nothing - then you may feel it would be wrong to hold that against someone.
"There’s nothing unique, nothing cowardly about a defendant choosing not to give evidence in a criminal trial. It’s a right enshrined in this country since the 17th century - it doesn’t, and it never can, make somebody guilty of anything.
"Exercising your right to silence doesn’t mean you’re waving a white flag of surrender. It doesn’t make you a coward.
"Everybody is innocent until proven guilty. If the evidence doesn’t merit a response from the witness box, no one has to give one - whether it’s possession of a firearm or theft of a frozen chicken."
Mr England also pointed to Chapman's own account on the witness box, during which he said Waring had not been part of the convoy which travelled to burn out the car. He said: "We submit the introduction of Connor Chapman’s evidence contained facts within it that are more than capable of being positively exculpatory.
“The crown, you may feel, has no alternative than to seek to persuade you that every word that came out of Connor Chapman’s mouth was a pack of lies from start to finish. He doesn't come to the witness box like some sort of second class citizen just because he makes the walk from the dock.
"Why would Connor Chapman lie about Thomas Waring’s lack of participation in the destruction of the Mercedes? He’s got nothing to gain.
"He’s pleaded guilty to it and told you all about it. His plan, his idea."
Mr England continued: "We say that Connor Chapman’s isolated evidence on that factor, relating to Tom, drives a coach and horses through their theory that it’s Tom who travelled to Frodsham and burnt the car out. He was organising a New Year’s Eve party, he was not a middle man or a link."
Of the firearm, he added: "Where is the evidence that Thomas Waring knowingly had the Skorpion in his possession? How has the Crown proved the firearm was actually in his possession, custody or control for any amount of time?
"No one puts the gun with Thomas on Christmas Eve or Christmas Day. The gun has never been recovered.
"There’s no forensic evidence that puts the gun in his hands or his house. It disappeared into thin air."
Chapman - of Houghton Road in Woodchurch - also denies the attempted murder of Kieran Salkeld and Jake Duffy, wounding with intent against Liam Carr and Harry Loughran, assault occasioning actual bodily harm against Nicholas Speed and possession of a firearm and ammunition with intent to endanger life. He has admitted a charge of handling stolen goods in relation to the Mercedes.
Waring meanwhile has pleaded guilty to one count of failing to comply with a disclosure notice, which concerns his refusal to hand over the pin number to his mobile phone to police. The trial continues, with the jury expected to retire to consider their verdicts on Thursday morning.
