Two murder gang members who helped a killer who shot dead an 11-year-old boy in a crime that shocked the UK have been cleared over allegations they ran a drug dealing ring in Dundee because witnesses failed to point the finger at them.
James Yates and Dean Kelly were part of the “Croxteth Crew” gang who aided Sean Mercer before and after he shot dead Rhys Jones as he walked home from football training in Liverpool in August 2007.
Yates was the armourer – buying the gun that killed Rhys and helping Mercer dispose of it afterwards – while Kelly gave Mercer an alibi, telling police they were watching a DVD together at the time of the murder.
Yates was jailed for seven years in 2009 for his role in supplying the gun – a term that was later increased to 12 years.
Kelly received a four-year prison sentence for assisting an offender and hiding the gun in his loft after the killing.
But just months after Yates was released in 2014, after just half of his sentence, the pair were seen almost 300 miles from their Merseyside homes in Dundee.
They were later alleged to have been part of a heroin dealing ring operating in the city, with Yates allegedly using threats and violence as part of the operation.
Yates, 28, and Kelly, 25, both from Liverpool, were charged over the drug dealing allegations last year. Yates was recalled to prison as a result, while Kelly was allowed bail.
However, he was later remanded and the pair were shipped from Liverpool to Perth Prison around New Year to await a trial date in February.
It was alleged that from March 1 2015 until September 25 2015 the pair were concerned in the supply of heroin at addresses across Dundee.
Yates was further accused of threatening Leanne McCabe and David Milne between June 9 and June 15 2015 by sending text messages and making repeated phone calls threatening them with violence and saying he would set fire to their home in Spey Drive, Dundee.
Yates was also alleged to have robbed Alistair Anderson on August 19 2015 by grabbing him, brandishing a knife at him, punching him on the head, threatening him and stealing a mobile phone, £70 in cash and an alarm fob in Lansdowne Gardens, Dundee.
The case was due to call in a jury sitting at Dundee Sheriff Court last week.
Prosecutors had been granted arrest warrants for witnesses to compel them to take part in an identity parade.
However, none of the witnesses detained by police could identify Yates or Kelly as being responsible for any of the charges. As a result prosecutors were forced to drop the charges.
It is understood that Yates has been recalled to prison and will remain in custody until 2020 unless he successfully applies for parole.
Kelly will walk free as his jail term expired in 2013.
A Crown Office spokesman said: “We will keep the case under review and reserve the right to re-raise proceedings should the evidential position change.”
