Rushe trial, day six: First defendant takes to the stand

Rushe, 54, of Runcorn Road in Runcorn, appeared at Liverpool Crown Court as the trial entered its sixth day.

The former Vics chairman was joined by co-defendants Mark Fishwick, 46, of Greencroft, in Preston, and Andrew Fetherstone, 47, of Barnard Road, in Manchester.

All three men have denied a charge of conspiracy to supply cocaine, a Class A drug.

Paul Berry, 47, of Abbey Walk, Preston, Berry, pleaded guilty to his part in the conspiracy at an earlier hearing.

The court heard how Fishwick had been forced to close his garage, Penwortham MOT Service and Repair Centre, in Preston, for five-and-half months after a flood at the end of 2013.

Fishwick said he was forced to close for good after the garage was burgled over Easter weekend 2015.

Prosector David Potter said Fishwick was forced to find ‘alternative means’ to earn money following the closure of his business.

“You still have to provide for your family no matter what,” Fishwick said.

Mr Potter replied: “What you decided to do was to sell drugs to provide for your family.”

Fishwick said: “I don’t do drugs. I’ve never sold drugs in my life. I never knew Paul Berry.”

Fishwick said he met Berry, who was described in court as a ‘significant in the drugs scene’, through a friend whom he had told he was thinking of setting up a new vehicle leasing business.

After meeting twice at his business premises in Penwortham, Fishwick arranged to meet Berry and Rushe on Friday, February 27, 2015 at the Mascrat Manor pub in Warrington.

Fishwick claims the meeting was discuss a business proposal with Berry, a ticket tout who ran two websites.

Fishwick said Rushe attended because of an interest in his new business and a possible sponsorship opportunity for Northwich Victoria.

Mr Potter told the jury the intention of the meeting was to discuss the supply of cocaine.

He said: “This meeting between you, James Rushe and Paul Berry [on the 27 February] had been set up to discuss drugs.

“After he left, you and Rushe got into a huddle to discuss whether he could be trusted and when the drugs would come.

"You spoke in code, you didn’t speak drugs talk, about the supply of cocaine.”

Fishwick said: “Nothing got brought up in that conversation to do with drugs.”

Mr Potter said after the Mascrat Manor meeting an un-registered phone, attributed by the prosecution to Fishwick, made numerous communications to Berry and other known accomplices.

“After that meeting you communicated with Paul Berry using a dirty drugs phone that was welded to you in Flixton, to Kendal and to Stroud,” he added.

The prosecution said the ‘dirty phone’ was used to communicate with Berry regarding drug deals.

Police were able to trace the phone’s whereabouts using ‘cell sites’.

On numerous occasions the phone was traced to the same area where Fishwick was located, including in south west Preston where he lived and worked.

It was also traced to Kendal, where Fishwick’s son had begun playing football, and to Stroud on the same day Fishwick’s son had attended magistrates court.

Mr Potter asked said: “Is that not a remarkable coincidence?”

Fishwick replied: “I have no knowledge of this phone.”

Mr Potter claimed there was another number used by Rushe to communicate about drug deals, though this phone was never found.

He said: “There was another phone in play by Mr Rushe, possibly a Blackberry, in which he could carry on with discussions discreetly.”

Fishwick confirmed that he had two numbers for Rushe.

On Wednesday, March 4, Fishwick sent a text message to the former Vics owner that said: “Hi pal are you on the other mate?”

Rushe replied: “I have a new one, I’ll ping you in 15 minutes.”

On March 5, Rushe visited Fishwick at his garage in Penwortham.

When asked why, he said: “I used to go to Jim and Jim would come to me.”

Mr Potter said: “This was a meeting between you and James Rushe that was about drugs.”

On Wednesday, March 18, 2015, Mr Potter said Berry’s couriers drove to Karting 2000, a karting track in the Gorton area of Manchester formerly owned by Rushe but run by his sons and co-defendant Fetherstone at the time.

The jury heard that Fetherstone was passed a package by the couriers, which he placed up and inside the fleece jacket he was wearing.

The defence claim the package was a television set-top box.

That morning a number of text messages were exchanged between Rushe and Fishwick, who was at Stroud Magistrates at the time.

Fishwick said had arranged for a car to be dropped off at Karting 2000 to be MOT'd  at  a garage  round the back of the  track.

“Will someone be there around 10 mate?” one message from Fishwick’s phone to Rushe said.

“Yes mate can you call me when he gets there?” Rushe replied.

Rushe later asked what car it would be, but Fishwick said: “Don’t know mate, will text you.”

Rushe replied: “Okay mate Andy will be there in 15 minutes.”

Fishwick told the court the client was a regular customer, but he did not know what the car was as he bought and sold vehicles.

He said there was no booking of the MOT, and claimed the car never turned up.

The explanation was dismissed by Mr Potter as ‘nonsense’.

He said: “The idea that someone is going to drive their car to Gorton from Preston, well it’s just nonsense isn’t it?”

On April 21, 2015 police stopped a vehicle on the M6, which contained quarter of a kilo of 83 per cent pure cocaine, which is described as ‘import strength’.

The prosecution claim this was an attempt to courier the drug to Fishwick, in Preston.

Rushe was arrested on August 20, 2015. Fishwick was arrested and interviewed in June and then arrested again several weeks later.

Police seized Fishwick’s iPhone and £600 in cash found at his home.

He claimed in court the money was for a holiday for him and his wife.

During police interviews he said ‘no comment’ for all of questions put to him.

Mr Potter accused Fishwick of doing this so he could concoct a story around the evidence.

He said: “You have remained silent until the evidence has been heard so you can fit your story in around the evidence.”

The trial continues.