Chester murder trial: Eye witness saw tussle

Jul 13 2010 by David Holmes, Chester Chronicle

Jason Howells

AN EYE witness told a jury at Chester Crown Court how he saw two men struggling in the kitchen next door around the time drug dealer Fynn Western-Davey was stabbed to death.

Adrian Gardner, who was visiting his ex-wife’s home in Balmoral Park, Chester, also heard murder accused Nicola Bishop shouting to her boyfriend and co-accused Jason Howells to “Stop it Jason!”.

Mr Gardner had known Miss Bishop over many years as she had grown up next door at number 46 and he was aware her boyfriend was living with her. Bishop, 25, and Howells, 35, both deny murder.

Mr Gardner said he had gone to number 48 to remove redundant pipework.

This required frequent trips in and out of the house to and from his car and the garage. At one point he saw a man, now believed to be 23-year-old Mr Western-Davey, in conversation with Bishop outside the house when Howells may have been present but out of view.

Explaining what happened next, Mr Gardner added: “It was after I put the pipework in the garage that I could hear something happening in the house. Furniture was being disturbed and there was broken glassware or something of that nature crashing about.

“As I came level with the back door of number 48, which is virtually opposite 46, I could see there was a tussle going on next door and there were two people involved.”

The court heard Mr Gardner could see through next door’s back door but the glass was opaque.

“I could see there were two people involved with one or other against the back door.”

At the same time the witness heard Nicola Bishop’s voice.

“I heard Nicola shouting for Jason to stop,” said Mr Gardner, who expanded. “I think it was probably something like ‘Stop it Jason!’.”

Mr Gardner said her voice was “quite loud” and she sounded concerned. He went back in the house and when he came out could hear Nicola on the phone, which Andrew Thomas QC, representing Bishop, suggested was her speaking to the ambulance service shortly before the arrival of the emergency services.

Mr Gardner explained that earlier that afternoon had seen a suspicious male in the garden of number 46 wearing dark clothing and a hooded top with possibly a Balaclava.

When Nicola had gone round to their house to borrow kitchen foil, ostensibly to make a bacon sandwich, he mentioned the male.

“She seemed a little agitated, a bit upset by it, but left shortly afterwards,” said Mr Gardner, who explained that Howells then arrived wanting to know details. Bishop then came back again asking if the male was wearing a grey tracksuit.

And when the man, now thought to be Mr Western-Davey arrived, he spoke to Mr Gardner.

“He turned to me and said ‘It wasn’t me you saw was it?” said Mr Gardner, who described his manner as aggressive. Mr Gardner told the court he believed it wasn’t the same man.

The trial continues.