Thomas Cashman claims murder jury were given panic alarms during trial
Thomas Cashman has claimed that members of the jury were given panic alarms by the police during their deliberations before they convicted him of the murder of Olivia Pratt-Korbel. The 36-year-old, of Grenadier Drive in West Derby, was jailed for life with a minimum term of 42 years after being found unanimously guilty of murdering the nine-year-old schoolgirl by a jury last year.
Olivia was was shot dead in her own home on Kingsheath Avenue in Dovecot in one of the most horrific crimes in Merseyside's history. Her mum Cheryl Korbel was also struck by a bullet as Cashman pursued his intended target Joseph Nee into the house.
The killer appeared before the Court of Appeal in London today (Wednesday) in a bid to overturn his conviction. But this was thrown out by presiding judges Lord Justice Holroyde, Sir Stephen Irwin and Mr Justice Hilliard.
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Cashman's counsel John Cooper KC told the court that it should order an investigation into allegations that members of the jury were provided with panic alarms by the police during their deliberations without the knowledge of the prosecution or defence. However, there was said to be no evidence to support this claim.
It was further claimed that documents in relation to the evidence of Paul Russell were given to jurors despite not being presented in court. Cashman's accomplice pleaded guilty to assisting an offender in advance of the trial and was later given a 22-month jail term, although this was not put before the jury.
Mr Cooper said: "The allegation is of such seriousness that it would be wrong for an investigation not to be ordered. We are just asking for an investigation. We are not asking for a resolution. It is in the public interest that, if allegations of such a serious nature are made, they are substantiated or put to bed."
The Crown Prosecution Service opposed the bid, with its representative David McLachlan KC maintaining that there was "simply no evidence of a jury irregularity". Cashman did not attend Wednesday’s hearing, although Cheryl Korbel followed proceedings via video link.
Refusing the application, Lord Justice Holdroyde stated that the panel's full reasons for its decision would be given at a later date. He stated: "The effect, of course, is that Mr Cashman remains convicted as before."
A trial at Manchester Crown Square Crown Court previously heard that Cashman "lay in wait" for Nee while armed with two loaded guns as he watched a Liverpool FC v Manchester United football match on the television at his friend Timmy Naylor's house on Finch Lane. When he left the address with another man the gunman approached them from behind and opened fire with a self-loading Glock-style pistol.
A chilling piece of CCTV footage showed the second male, Paul Abraham, running for his life as two loud bangs rang out. Convicted burglar and drug dealer Nee was shot in the midriff at this point and stumbled to the floor as a result of his injuries.
Mr McLachlan, prosecuting, told jurors that Cashman had "murder on his mind" and stood over the helpless man and attempted to discharge the firearm again as he begged: "Please don't. Don't lad".
But the gun malfunctioned, and Nee was able to escape. Cashman however continued his "ruthless pursuit" as he fled towards the Korbel family home.
Olivia's mother, alarmed by the gunfire outside, had stepped out of her house in order to investigate but quickly rushed back indoors upon seeing Nee running towards her and away from the assassin, who was dressed all in black and had his face covered. She then tussled with the gunman's intended target in an attempt to keep her front door shut and to keep him out of the property, but was unable to fully close it as it had been left on the latch to allow the neighbours to let themselves in for a cup of tea.
The assailant fired another shot with a second, backup weapon - a 0.3 caliber revolver - at this point. This was the shot which claimed Olivia's life, the bullet passing through the door and travelling through her mum's hand before striking her in the chest.
The schoolgirl had been upstairs in bed, but was heard to say "mummy, I'm scared" as she ran to the bottom of the stairs to her mum, having been startled by the commotion. With Nee by now inside, Cashman then forced his arm around the door and fired one final shot which became lodged within the doorframe.
Olivia was scooped up by the first police officer to arrive at the scene and rushed to Alder Hey Children's Hospital after being critically injured, but was pronounced dead shortly before 11.30pm. There were emotional scenes in court as Cheryl Korbel recounted the tragedy in a video interview with police, which was played to the jury.
She told detectives: "I heard the baby screaming, that’s when I turned round and spotted her sat at the bottom of the stairs. I couldn’t keep her awake."
Nee was bundled into a car by his associates and taken to Whiston Hospital, later being transferred to Aintree Hospital after suffering gunshot wounds to the chest and lower abdomen. Cashman meanwhile escaped the scene of the shooting by leaping through back gardens before making his way to the home of a woman with whom he had previously had an affair.
She was woken by him standing at her bedside before she phoned her boyfriend Russell, who then arrived at the house. The witness - who cannot be named for legal reasons - reported heard Cashman make an apparent confession to her partner at the doorstep, telling him: "I've done Joey."
He was then given a change of clothing before being driven back to his Citroen Berlingo van, which he had earlier parked on Aspes Road, by Russell. A pair of Under Armour tracksuit bottoms which he was handed at this time were later found at his sister's home on Mab Lane with his DNA and traces of gunpowder residue on them.
Giving evidence from the witness box, the woman told the trial: "I’m sorry, I can’t forgive anyone who has hurt any child. If he was any sort of man he’d just f****** own it. I can’t believe he’s making the family go through what they’re going through. It’s a child, it’s a child. She can never go home ever again. It breaks my heart."
The attacker was also identified to have worn distinctive Monterrain trackies which matched a pair owned by Cashman. He had been observed on CCTV making a number of trips past Finch Lane on the day in question, including an alleged attempt to carry out the shooting at around 4pm that afternoon having spotted Nee's van outside. But this was thwarted after the then 35-year-old left to visit Screwfix.
Cashman however claimed in his evidence that he had no involvement in the shooting and was counting £10,000 in cash and "smoking a spliff" at his friend Craig Byrne's house on Snowberry Road at the time. He had admitted being a "high level" drug dealer who made up to £5,000 per week selling cannabis, and his various trips around the area throughout the day were supposedly concerned with his involvement in the supply of the class B substance.
Meanwhile, Cashman accused the woman with whom he had had the fling of attempting to frame him for the murder as she was a "woman scorned". He suggested that Russell owed him a £25,000 debt and questioned whether she had been motivated by the possibility of reward money, telling the jury: "It shows you the lengths a woman who’s got something in for someone would go to. This is how low they go to."
Cashman also stated he had "no problems" with the Nee family and counted them as friends. The father-of-two said on the stand: "I'm not a killer, I'm a dad."
But he was ultimately found guilty of murder, attempting to murder Nee, wounding with intent to inflict grievous bodily harm against Cheryl Korbel and two counts of possession of a firearm with intent to endanger life by a jury. The Court of Appeal also rejected an application by Cashman to challenge his sentence in November 2023.