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Olivia gunman’s weapon may have malfunctioned in Joseph Nee ‘struggle’, court hears

BySpotted UK

Mar 15, 2023

A jury has heard how a Glock style self-loading handgun apparently malfunctioned as a gunman stood over his "intended target" moments before Olivia Pratt-Korbel was killed.

Manchester Crown Court heard how three shots were fired from the 9mm semi-automatic gun at 36-year-old Joseph Nee, who was walking with a friend called Paul Abraham on Kingsheath Avenue, Dovecot, on August 22 last year. The gunman then switched to a second firearm, a revolver, firing a further two shots – including the one that killed the nine-year-old schoolgirl and injured her mum, Cheryl Korbel.

The prosecution claims that the gunman that evening was 34-year-old Thomas Cashman, of Grenadier Drive, West Derby. Cashman denies Olivia's murder or any involvement in the shootings.

READ MORE:Thomas Cashman trial judge issues warning as 'concern raised' over online post

Today the jury heard from firearms expert and forensic scientist Andre de Villiers Horne. Based on CCTV footage of Nee being shot, he told the court two shots were fired from the Glock in "quick succession" with the third shot five seconds later.

One of the first two shots caused a "perforating injury" to Joseph Nee's lower abdomen, while the third fragmented after hitting a house.

The CCTV footage showed Nee hitting the ground after two loud bangs, while Mr Abraham fled for his life. The gunman then stands over Nee, and a third loud bang is heard, however Nee is able to scramble to his feet and run away.

Mr De Villiers Horne told the jury that the empty cartridge from the third shot had not been recovered, which he said suggested it had stuck in the Glock. He said: "It is possible that the 9mm pistol used by the gunman may have malfunctioned during an apparent struggle. The cartridge case was not ejected as you would normally expect to happen.

"Because of the struggle, the firearm mechanism may have been prevented from operating as normal. You have a gun that malfunctioned. The cartridge case is still located within the gun, and that would have to be manually fixed before any more shots could be discharged."

The jury heard two further bullets were recovered, one from inside the front door of the Korbel family home, and the fatal shot from Olivia's body. The fatal shot had passed through the front door.

Forensic pathologist Dr Jonathan Medcalf told the court Olivia was struck in the left side of her chest, with the bullet exiting close to her armpit and then lodging in her left arm. The single bullet caused damage to her heart and left lung, and the schoolgirl's medical cause of death was given as a single gunshot wound to the chest.

Cashman, of Grenadier Drive in West Derby, denies Olivia's murder or any involvement in the shootings. As well as denying Olivia's murder, Cashman denies the attempted murder of Nee, as well as wounding Cheryl Korbel with intent to inflict grievous bodily harm. He also pleaded not guilty to two counts of possession of a firearm with intent to endanger life, namely a 9mm calibre self-loading pistol and a 0.3 calibre revolver.

The trial continues.

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