JURORS in the Rhys Jones murder trial were today warned not to be distracted by feelings of sympathy and outrage as they decide the alleged killer's fate.
Richard Pratt QC, for Sean Mercer, 18, told the Liverpool Crown Court jury his client had simply exercised his right not to give evidence.
He told them not to read too much into that after prosecuting barrister Neil Flewitt QC, had "repeatedly" re
minded them they could.
And the defence barrister said though it was "inevitable" jurors would feel outraged at the way Rhys "lost his life", they must remain dispassionate.
He told them: "Don't be driven from your task from feelings of sympathy and outrage."
Mercer, of Good Shepherd Close, Croxteth, denies shooting dead the 11-year-old last August.
Mercer, along with four of the six other defendants, refused to present his evidence from the witness box and face cross-examination.
Mr Pratt told the seven women and five men of the jury: "He, like others, has exercised his right not to give evidence in this case.
"That, as I said at the time and emphasise now, is a right.
"Exercising that right is of course not without its risk factor.
"Not least because you have been repeatedly told by Mr Flewitt you are entitled to draw what lawyers call an adverse inference from his silence.
"In simple language, you can hold it against him."
He added: "I cannot even tell you of the reasons which caused him to exercise his right not to give evidence."
And referring to Melvin Coy and Gary Kays, both aged 25 and denying assisting an offender, continued: "Those who gave evidence had part of their testimony described as pathetic.
"Those who did not, had no answer to give.
"So from the prosecution's point of view, you are damned if you do and damned if you don't.
"We hope for a more balanced view from the jury."
In his closing speech, which comes after nearly two months of evidence, Mr Pratt said Mercer "had not been completely silent in the proceedings".
He reminded the jurors that Mercer had given police a pre-prepared statement through his lawyer.
And he said, Mercer had said "two all important words: not guilty".
And Mr Pratt urged the jury to remember Mercer did not have to prove his innocence but it was up to the prosecution to prove his guilt.
He said: "On behalf of Sean Mercer, we will suggest to you that on the totality of the evidence you should not convict him."
The full article contains 430 words and appears in The Scotsman newspaper.
