Man who phoned Mercer denies role in Rhys case

Nov 14 2008 by Chloe Griffiths, Liverpool Daily Post

A MAN accused of setting up the shooting which led to Rhys Jones’s death told police he “couldn’t live with himself” if he had been involved.

Gary Kays is accused of calling alleged killer Sean Mercer 20 minutes before the fatal shooting.

Prosecutors claim he rang alleged Croxteth Crew member Mercer to tell him a Norris Green rival was in the area.

But when questioned about the call by police, Kays, 25, insisted it had nothing to do with Strand Gang member Wayne Brady.

Kays was told by interviewing officers: “We believe you phoned Sean Mercer and set it up.”

He replied: “I know that’s the picture you’re painting, but I cannot any stronger disagree with that.

“I honestly couldn’t live with myself if I had anything to do with something like that.”

The joiner told the court he had no problem with Brady, who had been in a relationship with family friend Vicki Smart.

But he denied knowing Ms Smart’s house had been shot at, allegedly because of her relationship with Brady, forcing her to move house.

He said: “I wouldn’t bother me if he was on the estate. I’ve nothing against him, I don’t actually know him.”

The suspect added that he was aware of rivalry between the gangs, but said “it wouldn’t be a problem” if he encountered people from Norris Green.

During lengthy interviews, Kays initially denied ever ringing Mercer on the day of the shooting, but mobile phone records revealed he phoned the 18-year-old at 7.08pm.

Kays said: “I couldn’t tell you [what it was about]. It can only be about one thing. Going away at the weekend. I can see how it’s looking for you.

“I is starting to get the picture now.”

Around 20 minutes after the call Rhys lay dying in the street, and prosecutors say Mercer’s phone was never used again.

The defendant told officers he became aware of the shooting as he drove home along Fir Tree Drive South and noticed “a bit of a commotion”.

“There was people everywhere, I knew something had gone on,” he said.

Adding “I phoned [a girl who cannot be named] and said ‘what’s going on there?’ and she couldn’t tell me for crying.

“Then she said a little boy had been shot.”

Over the next hour, phone records reveal calls between Kays’ mobile and that of Boy M – a co-accused alleged to have helped hatch the clean-up operation.

But Kays insisted he had never heard of Boy M and didn’t know who had called him.

Prosecutors claim the calls were made by Mercer, summoning Kays to pick him up and help him dispose of the evidence.

He said: “No, I think I’d remember that. I don’t think it was Sean anyway. I’d think I’d remember.

“You’se obviously think I’m lying and you are believing what you believe.”

Kays, who told officers he had spent the evening at the home of co-accused Melvin Coy, was forced to change his account after being shown phone evidence proving he had left the Croxteth area and gone to Kirkby.

Kays said: “Yeah yeah, I know why I was there, I can’t believe I forgot, we were at Melvin’s dad’s yard for parts.

“Oh god, I forgot all about that.”

But he continued to deny going with Coy to pick up Mercer, James Yates and Nathan Quinn from Boy M’s house.

It is alleged they took the trio to Coy’s lock-up, where they burnt Mercer’s clothes and doused him in petrol.

He said: “I never done nothing like that.

“Never destroyed nothing in there. Never went with no-one else. It was just me and Melvin.

“Never picked anyone up. Never went to [Boy M's].”