Three other defendants in the Rhys Jones murder trial will not give any evidence in their own defence, Liverpool Crown Court heard yesterday.
The day before, the schoolboy's alleged killer Sean Mercer, 18, exercised his right not to testify. Mr Justice Irwin sought assurances from the barristers representing Boy M, 16, James Yates, 20, and Nathan Quinn, 18, that they were aware that the jury could draw adverse inferences from their decision not to go into the witness box.
Seven men and youths are accused of various charges in connection with the shooting close to the boy's home in Croxteth, Merseyside last August. The prosecution claim Rhys was the victim of a gangland shooting gone wrong and accidentally strayed into the path of the bullet as he returned from football practice. All seven deny the charges. One accused, Gary Kays, 25, a joiner, yesterday denied two counts of assisting an offender. The trial continues.