Man told police he was 'out for a jog' - but he's now in jail
A man who told police he was "just out for a jog" is now in jail for his part in a gang that smuggled "goodie bags" of drugs and contraband worth up to £300,000 into a prison via drones.
Kane Ashcroft and Daniel Young were seen by police hastily stuffing a drone into a bag in a nearby park, leading to an operation which saw drugs, tobacco and mobile phones delivered to serving inmates - including Neil Tootle - being stopped. Liverpool Crown Court heard on Friday their activities were uncovered by Operation Bakewell, an investigation into the smuggling of contraband into the category B HMP Liverpool via the use of drones.
Gerald Baxter, prosecuting, described the category B facility as "the most targeted prison in the country for drone incursions", with the flights being arranged by gangs. But one such delivery on December 20, 2021, was thwarted when a device was seen flying near to Maguire Avenue in Bootle. Officers then witnessed Ashcroft and Young crouching down in a nearby playing field and placing the drone into a bag.
The former ran off at the sight of the PCs, with his accomplice nonchalantly walking away. Both were arrested and the bag in question was found beside a tree with the drone, a controller with a mobile phone attached, a quantity of tobacco and three packages of cannabis inside.
Daniel Young ran away from the scene (Merseyside Police)
Contraband was sent vis drone to Neil Tootle (Merseyside Police)Ashcroft, of Cedardale Road in Walton, claimed he was "just out for a jog" when he was collared. A black iPhone was recovered from the 36-year-old when he was held. Meanwhile, Young - of Stalmine Road in Walton - told PCs he was taking a shortcut home. A second drone was later found during a search of the 29-year-old's home in February 2022 after he was detained over an unrelated matter, Liverpool Echo reported.
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Data discovered on the first drone recorded a total of seven previous flights, four of which had been undertaken from the same field into HMP Liverpool. The telephone connected to the controller, meanwhile, showed 48 separate flights from June 2021 onwards from a "variety of locations" such Ashcroft's partner's home - with 31 being made into the jail and one to HMP Hindley in Wigan.
The second drone contained records of nine flights between November 2021 and January 2022, including six to Walton prison. Ashcroft's phone was also analysed and was found to contain a "large number of messages" exchanged with Tootle and a second prisoner, who cannot be named for legal reasons but will be sentenced at a late date over his involvement, between May and December 2021.
The court heard the men "often chatted about smuggling illegal items using drones". Mr Baxter explained how two mobile phones, a charger and 35g of cannabis were found in Tootle's cell on September 17 2021. However, it wasn't clear if these items belonged to the 43-year-old or his cellmate.
The court was told that mobile phones can cost between £500 for a basic model and £1,500 for an iPhone inside prison. The 62g of cannabis found in the bag could be worth between £350 and £500 on the street, but inside jail, it could fetch between £3,100 and £4,650.
The tobacco seized would cost between £20 and £50 in a shop, but in prison, it could be worth between £2,800 and £3,150. Mr Baxter added: "Based on the 40 recorded flights, the contraband flown into HMP Liverpool by this conspiracy could be worth £236,000 to £312,000 over about eight months."
Several messages exchanged between the conspirators were read out in court. In one, Ashcroft asked another inmate, known as "JJ": "Did you get your goodie bag?" The reply from the prison was "still trying to get it over", which Mr Baxter said "suggests that someone else had collected the bag and it was delivered to" JJ. Tootle was also referred to as "nicknamed Ned" in the texts.
On one occasion, Ashcroft texted "when are you looking for a top up?". He got the reply "at the weekend", and JJ later messaged him saying "we're ready". They also said "we enjoyed that". Another time, they chatted about how the " weather looked perfect" and mentioned: "Saturday is good."
Ashcroft, called a "skilled pilot", was given a nine-month jail term on hold for 18 months back in July 2021 for taking a vehicle without permission. Tootle was in trouble with him then too, getting 14 months. Tom Watson, Ashcroft's lawyer, said in court: "He has continued as the main carer for his mother, who suffers considerably. In addition he has, and always has been in his life, a hands-on father and stepfather."
"He tried, unsuccessfully, to start his own business. That was a car repair and spraying business, because he does have some qualifications. He hopes he might be able to start that sort of business again in the future. He got into difficulties. In particular, covid struck. He sees that as his way forward. His concerns are not for himself - they are for his mother, they are for his children and they are for his partner. He has tried his best to be responsible about that, knowing the sentence.
"He has not tried to hold a gun to the court's head. He has done the responsible thing. He has done what he can and made responsible arrangements - in particular, as far as his mother is concerned. He is showing a level of responsibility that he now needs to show. He is genuinely sorry. He looks at his record, and he is not proud of it. It is no example to his children. But, he has no intention of finding himself in the dock of a court again."
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Philip Astbury, defending Tootle, said: "He was using cannabis heavily at the time he went into prison - a reaction to bereavement, and an attempt to pass the time and numb the pain. Since that prison sentence, he has made very positive steps in improving his personal circumstances. He has given up cannabis. He has given up cigarettes and taken up a hobby, and become more mindful of his physical and mental health."
"To have stayed out of trouble for so long and to have taken such positive steps and turned things around to the extent he has, there is now an irony. He is under no illusions as to the type of sentence he faces today. He is realistic, but it will inevitably set him back in those very positive strides he has made over a long period. He hopes the positives strides will be no more than interrupted, and he will pick up where he left off."
Charles Lander, representing Young, described him as a "valued member" of his company where he works as a qualified roofer. He said: "His role was to drive, when directed to, to locations near to Walton prison. He had no knowledge of how many times that drone had been used previously. The drone recovered from his address did not belong to him, but he had agreed to store it in his house.
"Frankly, he joined this conspiracy for financial reasons. He had split up from his partner, and there were issues in relation to money. Stupidly, he involved himself in this conspiracy. The defendant openly admits today that, when he dropped his son off at nursery, he burst into tears. Daniel Young has never been to prison before, although he does have an antecedent history. The court could impose a sentence today that allows him to see his son and carry on the good work he is doing with the roofing company."
Ashcroft admitted three charges of conspiracy to convey a prohibited article into a prison and breaching a suspended sentence order. He was jailed for three years. Tootle and Young pleaded guilty to two counts of the same offence. They were locked up for 44 months and nine months respectively.
During the sentencing, Judge Charlotte Crangle made it clear: "What is clear is that you, Neil Tootle, and the other male who is not present today were prisoners at the time. You had access to illicit telephones which enabled you to place orders with those on the outside. Kane Ashcroft, you were a long-standing friend of Neil Tootle. You would exchange messages in order to place orders."
"Thereafter, the items would be distributed within the prison estate. These are items which become of high value once in prison. The supply of drugs into prison is a serious problem. It leads to exploitation and bullying, gives power to ruthless prisoners and undermines good order. The consequences of such items being smuggled into prison are disastrous. It increases violence in prison, both between prisoners and against staff.
"It also involves manipulation and gangs taking part in the supply into prison. It also has knock on effects on prisoners' families on the outside being threatened and made to pay for those items. The conspiracy was professional, sophisticated, well organised and planned. Kane Ashcroft, you were clearly the contact on the outside, arranging and conducting the drone flights."
"Neil Tootle, you were an equal partner in this commercial enterprise. Daniel Young, you were clearly involved on the outside of the prison, but you joined later and you were not as involved as the other two. You were, you say, a driver. It is clear that you were also in the field providing support for Kane Ashcroft, and you also, even after your arrest, were involved in continuing drone flights by storing that second drone which was recovered from your address."
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