Man denies role in Rhys killing

Rhys Jones was returning from football practice when he was shot

A defendant in the Rhys Jones trial has denied driving the alleged killer to an industrial site to burn his clothes after the shooting.

Gary Kays, 25, of Mallard Close, is charged with two counts of assisting an offender. Sean Mercer, 18, is accused of murdering Rhys on 22 August 2007.

Rhys, 11, died when he was shot outside the Firtree pub in Croxteth, Liverpool.

The prosecution at Liverpool Crown Court also claim Mr Kays told Mr Mercer a rival gang member was at the pub.

Mr Mercer, of Good Shepherd Close, Croxteth, is accused of being the gunman who shot Rhys and was then assisted by the co-defendants to hide the murder weapon and destroy his clothes.

Previous convictions

Responding to questions from his barrister, Peter Woodall, Mr Kays said he had only known Mr Mercer for a month before the killing because of an enthusiasm for off-road biking.

Mr Kays also denied visiting the home of a co-defendant, known only as Boy M, where Mr Mercer and other defendants Nathan Quinn, 18, and James Yates, 20, were allegedly collected by Mr Kays and Melvin Coy, 25, after Rhys was shot dead.

The gun was found by police who raided the loft of a house in Croxteth

The jury was told Mr Kays had previous convictions for possessing cannabis, dangerous driving and driving without insurance and a licence.

He told the court the day Rhys was shot was a "normal day" but could not explain why he was phoned by Boy M, who he said he does not know, after the shooting.

The prosecution argued Mr Mercer had used the boy's phone to contact Mr Kays.

"I just can't remember the call, who it was or what it was about," said Mr Kays.

Prosecution barrister Neil Flewitt QC questioned Mr Kays about two phone calls he received 20 minutes before Rhys was shot.

Come on, you would remember, he had just killed someone Neil Flewitt QC, prosecution barrister

The first Mr Kays received at 1907 GMT telling him Wayne Brady, a rival gang member was at the Fir Tree pub.

A minute later Mr Kays made a 12-second call to Mr Mercer to tell him, said Mr Flewitt.

But the defendant in the dock said he could not recall what he discussed with the alleged killer.

Mr Kays, who denied being a drug dealer, then said he could not remember if he had met Mr Mercer later on the night Rhys died.

Mr Flewitt, said: "Come on, you would remember, he had just killed someone."

Despite giving evidence Mr Flewitt said Mr Kays was deliberately blank in his answers to protect his co-defendants.

Meanwhile, Boy M, 16, Mr Yates and Mr Quinn chose not enter the witness box to give evidence.

Their barristers confirmed to the trial judge, Mr Justice Irwin, that they had all been warned that adverse inferences could be drawn from their decisions.

Mr Yates, of Dodman Road, Croxteth; Mr Quinn, of Wickett Close, Croxteth; Mr Kays, of Mallard Close and Mr Coy, of Abbeyfield Drive, both West Derby, Liverpool, are accused of assisting an offender along with Boy M and Boy K, 17, who cannot be named.

The trial was adjourned until Wednesday.