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A teenage relative of the man accused of murdering Rhys Jones refused to give evidence in court yesterday.
The 16-year-old witness, who cannot be identified but is related to Sean Mercer, 18, of Croxteth, confirmed his name and address via videolink to Liverpool Crown Court but refused to give evidence, saying that he was too scared.
Mr Mercer, 18, of Croxteth, Liverpool, denies murder and being a member of a gang called the Croxteth Crew.
Neil Flewitt, for the prosecution, asked the young witness a series of questions. He said: “Where were you when you heard about the shooting of Rhys Jones?”
The boy replied: “No comment.”
Mr Flewitt asked him: “Where were you on the night of August 22 last year?”
The boy again replied: “No comment.”
Mr Flewitt continued: “Who were you with on that night?” The boy said for a third time: “No comment.”
At this point, Mr Justice Irwin, the trial judge, turned to the videolink and spoke to the boy directly, saying: “Everyone can see it’s not easy to give evidence, but you have a duty to do it.”
The teenager replied: “I’m just so nervous and scared — I don’t want to give evidence against a family member.” He was held in contempt of court and told to reappear on Monday.
The jury had earlier been shown pictures of the gun allegedly used to kill Rhys, 11, who was hit in the neck by one of three shots fired across a pub car park in August 2007.
The court heard that the Smith & Wesson .455 revolver was found in the loft of a house in Croxteth a month after Rhys was killed.
The search, which was carried out by the Merseyside Police Crime Operations Unit at an address which cannot be identified, also found a second gun — a converted imitation Walther PPK self-loading pistol — and ammunition.
In a statement read to the jury by Mr Flewitt, PC Mark Andrew Gibbs, who took part in the search, said: “I noticed a red and white plastic bag in the far end of the wall and furthest away from the loft hatch. I alerted my colleague as the bag seemed out of place.
“I pulled the bag back and noticed it contained something. I saw a black revolver and a black semi-automatic pistol. Arms teams were requested and the bag was left in situ.”
The prosecution alleges that Mr Mercer cycled to the Fir Tree pub and fired three shots across the car park at alleged members of a rival gang, based in the neighbouring Norris Green estate.
The jury has been told that the second bullet struck Rhys as he made his way home from football practice. Shortly afterwards, he bled to death in the arms of his mother, Melanie.
In the dock with Mr Mercer are James Yates, 20, and Nathan Quinn, 18, both of Croxteth; Gary Kays, 25, and Melvin Coy, 24, both of West Derby, Liverpool; and two teenagers who cannot be identified. All deny a variety of offences related to the shooting.
The trial continues.
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