Tup Tup gun attack, PC admits error in evidence

ERRORS were made by a police officer who seized vital DNA evidence from the scene of the Tup Tup shooting, the Old Bailey heard.

PC Paul Denyer found ‘exhibit PD/1’ - a piece of wadding from a shotgun cartridge prosecutors say was fired by the gunman as he rode past the Newcastle nightclub on a motorcycle.

Prosecutors claim the gunman on June 6, 2015 was Michael Dixon, and the piece of wadding has DNA evidence linking it to him.

The prosecution case is Dixon was ordered to carry out the shooting by John Henry Sayers in “revenge” for an incident two weeks earlier when his son was allegedly punched by door staff.

PC Denyer told the Old Bailey it was “a small piece of plastic with some fabric sticking out of it”.

He said he picked it up wearing a latex glove, put it in a paper bag and entered it onto the property system.

But later, as he continued to be cross examined about the fact the exhibit was transferred to a plastic bag before being stored, and what Dixon’s defence say are two vital “missing pieces of evidence” - the piece of fabric he described it having when he found it, and the paper bag he stored it in.

Sasha Wass QC showed footage of PC Denyer at the scene with the exhibit in his hand, in an unsealed paper bag.

Ms Wass said: “You took insufficient care to protect this exhibit from contamination.”

PC Denyer replied: “What I’ve done is the best I could have done with the time and resources available.”

On the fact the wadding was transferred from one bag to another, Ms Wass said: “Good practice indicated once exhibits are in sealed packages, these packages shouldn’t be reopened unless it’s within a quality controlled environment.”

PC Denyer agreed, but added: “I’ve explained why I thought transferring it to a plastic bag was the best thing.”

Asked about the “discarded” paper bag, PC Denyer said: “I wish I had retained that bag and I have to accept that’s a mistake I’ve made.”

Ms Wass said: “You also seem to have misplaced the piece of fabric that was part of the exhibit. Isn’t one explanation that you simply pulled the fabric out and left it with the paper bag.”

But PC Denyer replied he “wouldn’t have been reckless with an item like that” and that “the transfer would have been done carefully”.

John Henry Sayers’ barrister Michael Holland QC asked about being shown a picture of the exhibit in a plastic bag rather than a paper bag by colleagues.

He said: “Your first reaction must have been: ‘I didn’t do that.’”

PC Denyer replied his “initial reaction was that it didn’t ring true”, but he accepted it “after seeing my handwriting attached”.

Sayers, 54, and Dixon, 50, are on trial accused of conspiracy to murder and conspiracy to possess a firearm.

Russell Sturman, 26, is accused of assisting an offender. Sayers and a fourth defendant Michael McDougall, 50, are also charged with conspiring to pervert the course of justice.

The defendants deny all the charges against them.

The trial continues.