Dylan trial: new charge

TWO brothers accused of murdering a teenaged boy by causing him to drown in a pond have denied a second charge of manslaughter.

David and Drew McGrail pleaded not guilty to the charge at the hearing into the death of 17 year old Dylan Aaron, who drowned in Deep Pit fishing pond in Hindley.

David, 35, and Drew, 27, both of Lancaster Road, Hindley, are accused of murdering Dylan. It is alleged by the prosecution that Dylan was pushed into the pond by Drew and both brothers then shouted death threats and refused to let him out.

At the time of the tragedy, in the early hours of May 30 last year, Dylan was on bail on condition he did not contact David McGrail.

David McGrail told the jury that while he was night fishing at Deep Pit, near Hindley railway station, with others he was joined by Drew, who turned up with his girlfriend, and another couple Michael and Julie Sharkey.

In the early hours of the morning he heard his name being called and, when he shone his torch, saw Dylan approaching holding a stick. Dylan was with Daniel Bagnall and Scott Higham.

Earlier in the trial Daniel Bagnall told a hushed Liverpool Crown Court that while he did not see or hear 17-year-old Dylan Aaron going into the bitterly cold water he heard him arguing with Drew McGrail and then saw him in the water.

Paul Reid QC, prosecuting, told the jury that they must decide on which witnesses they believe to be telling the truth and whether or not the brothers are responsible.

He said: “It is not a complicated case and we submit that a clear and compelling picture remains. The two defendants by their unlawful acts are guilty of murder.

“You have heard how Drew lied and lied to the police about his involvement and you have also heard from witnesses. Whilst they are varying accounts, you must consider that not everybody who witnessed it can be correct. However, you did hear from witnesses who knew both parties who said that they did not think the McGrails were capable of what they did that night. Such was the anger of the McGrails that Dylan drowned in the cold dark water.”

Mr Peter Birkett QC, representing the McGrails, was set to sum up the defence in the case to the jury.