Gunman who shot dead Olivia Pratt-Korbel has bid to challenge conviction dismissed at Court of Appeal

20 November 2024, 15:44 | Updated: 20 November 2024, 15:48

The gunman who murdered nine-year-old Olivia Pratt-Korbel has had a bid to challenge his conviction dismissed at the Court of Appeal.

Olivia died after a bullet fired by Thomas Cashman hit her as he chased a drug dealer who had tried to run into her home in Knotty Ash, Liverpool, in August 2022.

Cashman was sentenced to life with a minimum term of 42 years in April 2023, with the Court of Appeal throwing out a bid to challenge his sentence last November.

On Wednesday, barristers for Cashman, now 36, told the same court that it should order investigations into claims that jurors were provided with panic alarms by police and allegations that evidence was given to them during their deliberations which had not been presented at trial.

But three senior judges dismissed the appeal bid, with Lord Justice Holroyde stating: "The effect, of course, is that Mr Cashman remains convicted as before."

Cashman's trial at Manchester Crown Court heard that Olivia was shot while he was chasing convicted drug dealer Joseph Nee, who tried to run into the schoolgirl's home in a bid to escape.

Cashman, previously of Grenadier Drive, West Derby, Liverpool, opened fire, hitting Olivia's mother, Cheryl Korbel, in the wrist as she tried to keep the door shut against Nee, with the same bullet killing her daughter.

Giving evidence, he admitted being a "high-level" cannabis dealer, but told the jury: "I'm not a killer, I'm a dad."

But the trial heard that after fleeing the scene of Olivia's murder, Cashman went to the house of a woman.

The woman, who has been given lifetime anonymity, told the court he had changed his clothes and she heard him say he had "done Joey".

Moment Olivia's killer Thomas Cashman is arrested

Jurors later found Cashman guilty of Olivia's murder, the attempted murder of Nee, the wounding with intent of Ms Korbel, and two counts of possession of a firearm with intent to endanger life.

Cashman, who did not attend his sentencing, also did not attend Wednesday's hearing, but Ms Korbel was present via video link.

His barrister, John Cooper KC, told the hearing in London that an allegation had been made that jurors were given panic alarms by police at some stage during the trial, but that no evidence was available to support the claim.

A further allegation was made that documents relating to the evidence of Paul Russell, who had already pleaded guilty to assisting Cashman following the murder and later received a 22-month prison term, were given to the jury during its deliberations despite not being presented at trial.

Mr Cooper said: "The allegation is of such seriousness that it would be wrong for an investigation not to be ordered."

He continued: "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 appeal bid, with its barrister, David McLachlan KC, telling the court there was "simply no evidence" of a "jury irregularity".

Lord Justice Holroyde, sitting with Sir Stephen Irwin and Mr Justice Hilliard, said that full written reasons for their decision would be published at a later date.