Witness denies lying for prison guard murder accused

A defence witness denied telling a “pack of lies” to a jury for a man accused of murdering a former prison officer in a “revenge” plot.

Elias Morgan, 35, claimed he was seeing a man about a dog at the time 33-year-old Lenny Scott was shot dead outside a gym in Skelmersdale, Lancashire, on 8 February 2024.

Mr Scott had seized a phone from the defendant’s prison cell at HMP Altcourse, Liverpool, four years earlier – which exposed a sexual relationship Mr Morgan was having with another prison officer called Sarah Williams.

Witness Thomas Cole told Preston Crown Court he was the man with Mr Morgan that evening – and denied he was under the defendant’s “control”.

Asked if he was providing an alibi out of “fear”, he said: “I don’t mean to disrespect anyone but have you seen the size of Mr Morgan?

“If you go to Aintree you will see a bigger jockey on the back of a horse. He isn’t intimidating no-one.”

He told the jury the two men got to know each other two or three years ago through their mutual interest in dogs after he saw Mr Morgan walking XL bullies in the Edge Hill area of Liverpool where they both lived.

Mr Cole, who the court heard has criminal convictions including for stalking, harassment, supplying Class A drugs and assault, said he told Mr Morgan he had bred Chow Chows in the past and was hoping to get into breeding Tibetan mastiffs.

Mr Cole said on the day the murder, he had been called by Mr Morgan and asked to look at a Chow Chow at a house in Squire Street, Edge Hill, which needed rehoming.

He said he left home at some point between 19:00 GMT and 21:00, and stayed in Squire Street talking to Mr Morgan for between one to two hours

Mr Scott was shot six times with a handgun at 19:35, by a killer who had waited for about 53 minutes in the gym car park at Peel House, Peel Road.

Mr Cole said when he heard Mr Morgan had been accused of the murder he “knew he didn’t do it”.

When asked by judge Mr Justice Goose how he knew that, he replied: “Well I was getting a dog off him.

“He didn’t seem like he’d just murdered someone, I would imagine a murderer to not be very relaxed.”

Mr Cole said he did not come forward as a witness until after the trial started because he did not want to be involved, but then realised it was “the right thing to do”.

Mr Morgan is on trial alongside 29-year-old Anthony Cleary, also from Edge Hill, who is accused of aiding the murder plot by leaving a getaway van and electric bike on a housing estate near the gym.

Both men deny murder while Mr Cleary also denies an alternate count of manslaughter.

Mr Cleary’s legal team has claimed Mr Morgan called him after the shooting and admitted he had “done someone”, and then “bullied” Mr Cleary into silence.

Tim Forte KC, representing Mr Cleary, accused Mr Cole of telling his long-time solicitor, Sara Doyle, in January this year that he had been “asked to act as a false alibi witness and didn’t want to”.

Mr Cole denied having that conversation.

Mr Forte said: “She told you that would make you guilty of perjury and perverting the course of justice didn’t she?”

Mr Cole replied: “Totally untrue.”

The jury heard Ms Doyle was also Mr Cleary’s solicitor, but Mr Cole claimed she had not made him aware of that.

Mr Forte read a series of WhatsApp messages that he alleged Mr Cole had sent to Ms Doyle in June, which he claimed were a “set of instructions” intended to be passed to Mr Cleary.

The messages mentioned elements of Mr Morgan’s defence case including his explanation for a Mercedes car believed to have been used by the gunman being “linked” to him.

Mr Cole said he “could not recall” sending the messages, but denied passing on information for Mr Morgan.

Mr Forte said: “You were sending that on behalf of Mr Morgan to influence the account of Mr Cleary?”

Mr Cole replied: “I have not had contact with Mr Morgan.”

Alex Leach KC, prosecuting, suggested to Mr Cole that his account of the night of the murder was a “pack of lies”.

Mr Cole said every one of his previous convictions had followed a guilty plea, and said: “I won’t lie, not for myself never mind anyone else.”

The trial continues.