In November 2007 three men were put on trial at Liverpool Crown Court. Tony Downes of Woolfallheath Avenue Liverpool 36. Kirk Bradley of Altfinch Close Liverpool 12 both charged with murder. Adam McNally of Townsend Avenue charged with offences related to the Lexus 330 used in Lucy’s murder.
Previously two other men have admitted to charges related to the Lexus 330. Alan Spencer of Collius close Walton Park Liverpool and John McGee of Cottersbrook Close Liverpool 11.
On December 7th 2007 the case was dismissed by Judge H Globe as no case to answer and instructed the jury to return verdicts of not guilty on all three men.
The jury of 12 did not make this decision. This was a stand alone decision by Judge Globe.
He got it wrong.
The family wrote to the Judge to appeal his decision. We were told no appeal is possible, Paul Whittaker of the CPS confirmed at present no appeal is possible.
An appeal is possible if the criteria of 'exceptional circumstance' was met.
The obvious 'exceptional circumstance' would be corruption. We believe the decision to stop the trial was wrong. The ruling made by Judge Globe was flawed inaccurate and corrupted. This was a trial of three men when extreme violence was used. We are aware of at least three witness who failed to show we believe intimidation and fear corrupted the trial.
Judge Globe was clearly not capable on his own to rule on the evidence, he made mistakes and was intimidated by the three legal teams representing the accused. He allowed himself to be bullied into the wrong decision.
Could he have taken a bribe? Unlikely, but not impossible. Only last month June 2010 a senior barrister Sarfraz Ibrahim was convicted of accepting cash to corrupt a decision. Judge Globe is human and capable of error and misjudgement look at two of his colleagues at Liverpool crown court Judge Bruce MacMillan was arrested this year on drink drive charges and Judge Ian Trigger has just had a formal warning about his comments regarding immigration policy comments that you would have expected from the Local BNP candidate not a Judge, Clear indication that errors of Judgement can be made by us all.
We believe this decision belonged to a jury of twelve not one Judge.
Merseyside police and the CPS thought enough evidence was available to be ruled on by a jury and never expected this trial to be stopped.
Unfortunately they won’t challenge the Judge. This is not uncommon amongst professionals throughout history. Many politicians, legal officials, clergy and medical professionals are not challenged until it’s too late. Classic recent example would be the good doctor shipman up the road in Manchester who murdered up to three hundred people. Doctors don’t kill, politicians don’t fiddle their expenses, and legal officials don’t take bribes, the titanic wont sink.
All is possible
Motive
There were a number of key issues which corrupted the case. One of these issues baffles us. In trial it became clear that two other motives were valid as to why Gary Campbell was targeted. We know that Merseyside police had investigated the two other possibilities and that there was no evidence to support their involvement. In trial both the Judge and the defence refer to the prosecution not doing enough to disprove either motive. The CPS told us that it was not up to them to prove who didn’t do it but to prove who did.
It was accepted by all at trial that Lucy was not the target
The outcome of this confusion is that the motive of Downes was diluted to a degree which should not have happened thus corrupting the ruling. Is this right?
Adam McNally (Potter) - Theft of the Lexus used in Lucys Murder
The prosecution provided evidence of the involvement of McNally in relation to the Lexus 330 used in Lucy’s murder. Firstly it would be his association with McGee and Spencer who have admitted there part in relation to the Lexus i.e. same gang etc and secondly and accepted by the defence and Judge Globe was the use of McNally’s mobile phone, what was proved was that McNally’s phone was with the stolen Lexus and in contact with Spencer and McGee throughout the process of the theft of the lexus330. McNally’s phone is then in contact with Parle, Downes and Bradley in the week leading up to Lucy’s murder and crucially the prosecution pointed at an increase in contact with Parle the night of the murder when they believe the Lexus was passed to the three murderers. This evidence was indisputable and unchallenged.
The Judge rules that it was not proved McNally was using his phone at the material time i.e. the theft of the Lexus and the murder of Lucy.
The Judge then rules that the evidence against Parle, Downes and Bradley 'falls down ' if it is not proved McNally was using his phone at this time. Once again he is wrong, the evidence remains exactly the same, it just means it wasn’t proved who was using McNally’s phone. It was still McNally’s phone in contact with Parle, Bradley and Downes. McNally has made no comment throughout.
Phone attribution/ownership and phone siting is an accepted means of evidence and indeed Judge Globe accepts Parle, Bradley and Downes were using their phones without any other evidence yet he rules differently against McNally why?. How do we prove anyone at anytime is using their phone, it’s near impossible yet it is used in many trials. If Adam McNally had have been tried separately we believe he would have been convicted on the evidence presented. We are now pressing the CPS to consider a retrial in relation to McNally
When the Lexus 330 was stolen a mobile phone was also stolen. This phone was used to phone people around the Norris green area of the city were Spencer McGee and McNally are from. One witness described receiving calls from this phone and listed it under a.mac in her phone unfortunately although the caller said it was Adam she could not be sure it was him. Her sister who was too ill to attend court also received calls from the stolen phone she too could not be sure who was calling. Both admitted to being friends of Adam McNally and his sister Ann McNally.
When McNally was arrested he had nine phones. His phone used in Lucy’s murder had gone. He had another phone registered to him and the Judge said that was 'powerful evidence' that this phone belonged to him. Although one of the sisters friends of both Adam and Ann McNally had this phone listed under Ann McNally and the other sister had also had contact with this phone. Anyway these two phones both owned by Adam McNally are in contact with each other up to a point the one used in Lucy’s murder disappears. So if Adam McNally can’t be phoning himself could he be phoning his sister or vice versa. Fairly obvious except to Judge Globe
We are desperate for information about the stolen Lexus 330 and the phone calls. Lucy was murdered 5 years ago and it’s our hope that those involved have matured sufficiently to now understand the gravity of what happened to Lucy and will search there conscience and come forward with information. Please help us we know there are people out there that can. Please don’t take these secrets to your grave
Reconnaissance
The prosecution provided evidence of a reconnaissance at Lucy’s home 23 Lambourne Road between the hours of 9pm on the 1st august and 2 am on the 2aug.
Two witness observed this reconnaissance and gave evidence One of these witness was arrested to ensure attendance and whilst on the stand was asked to read his statement. The witness was forced to inform the court he had a reading difficulty which clearly was not the most conducive way to obtain vital witness statement, a scared and humiliated witness. Whose fault was this Judge Globe?
However the witness statement of this reconnaissance was crucial.
They both witness a grey/silver new shape ford mondeo with three men inside. They both see this mondeo return at some point. Between them they describe the driver as being stocky wide armed with short cropped gingery brown hair.
Kevin Parle was phone sited in the area at the material time
The two witness were having a drink (beer/tea) in a garden close to Lucy’s house and whilst there is a big difference in their recollection of the times of these events the key elements remained the same.
The defence place Kevin Parle in Stockbridge village at 1.30 am on the 2nd August and Kirkby and Knowsley in the next hour. This they contend questions the accuracy of the witness. The Judge talks about Stockbridge village and Kirkby as geographically distant from Lucy’s house they are not, both less than 3 miles. The defence rely on phone siting and a fast moving black Audi (Parles) to support their evidence.
Here Judge Globe accepts phone attribution/ownership and phone siting without question
We need information about the grey/silver mondeo (Possible part Reg MU51), Parles black Audi seen in Stockbridge Village and the two witnesses in a garden close to Lucy’s house on the 1st August 2005 into the 2nd August 2005 the day before Lucy’s murder
Lucys Murder
On the 3rd august 2005 Lucy Hargreaves was murdered, Three men arrived in the Lexus 330 stolen by Spencer, McGee and others including we believe Adam McNally. They kicked in the Front door shouting 'Police Police'. Lucy was on the couch. Lucy screamed the gunman then pointed the gun at Lucy Hargreaves a 22 year old 8 stone mother of 3 toddlers. The gunman asked Lucy 'Where is he?' (Gary Campbell) Lucy was still screaming in a state of shock the gunman shot Lucy. The gunman shot Lucy again and the gunman shot Lucy again. 3 times he shot this defenceless beautiful mother. A young girl just a child never hurt anyone. Lucy was gone how we miss her.
But that was not enough one of the 3 poured petrol over her and set her alight, Lucys family and friends could not even look at her in her coffin.
Please help us
Contact Crimestoppers 0800 555 111 Merseyside Police 0151 7778617
Email lucyhargreaves32@hotmail.co.uk or text 07539 196922
One witness was found to have seen 3 men at Lucy’s house at the time of the murder and was able to give them a partial registration of the Lexus used. His physical description of the three men clad in black wearing balaclavas could well have been Parle, Downes and Bradley as it could have been any three men. The defence argue it does not match their physical description and the Judge seems to accept this. Why?
The Lexus was then driven off at high speed and stopped on grass land by a footpath leading to Normandale Road Liverpool 4. The Lexus was set alight.
2nd getaway vehicle
After burning the Lexus the three men are witnessed to have run through a footpath between Utting avenue and Normandale Road. One of these witnesses was very specific about a car parked partially over his drive. He described the car as a dark coloured Vauxhall Sri Astra
Kirk Bradleys mother Ann Blackburn of Cavan Road Liverpool 11 owned such a vehicle .Kirk Bradley was arrested in this car in October 2005
Merseyside police believe this car was used in Lucy’s murder.
The defence accept such a car was used in Lucy’s murder but it does not mean it was Ann black burns car.
We need information about this dark coloured Vauxhall Astra SRi.
Trip to Spain
Parle, Downes and Bradley after Lucy’s murder went to Spain . They travelled separately and returned separately. Parle was using a false passport. They stayed in the resort of Torreveja on the Costa Blanca. At the Misol holiday park. Two witnesses confirmed this visit (More info at Sky news)
Judge H Globe had difficulty with this factual evidence and states the two witness statement do not add up. They entirely do Judge Globe you are wrong.
One witness failed to show, we don’t know why but believe something significant occurred in Spain. We believe Parle was friendly with a group of people from the Essex area were you one of these friends.
Please help us
Contact Crimestoppers 0800 555 111 Merseyside Police 0151 7778617
Email lucyhargreaves32@hotmail.co.uk or text 07539 196922