Boy found Not Guilty of murder after four-month trial at the Old Bailey
Liam Walker KC and Rabah Kherbane represented AB, 14-years-old at the time of the alleged incident, who was acquitted of murder and manslaughter. After a trial of nineteen weeks at the Central Criminal Court, the jury returned unanimous Not Guilty verdicts for AB.
The prosecution alleged that AB, along with seven others, attended a birthday party with a joint plan to cause at least serious harm if the need arose. Prosecution evidence called before the jury included CCTV evidence, several eye-witnesses, phone and social media evidence. The deceased, 15-years-old at the time, suffered a single stab wound. The prosecution refused to specify who they alleged to be the “stabber.”
Vulnerable by virtue of his autism, AB was assisted by an intermediary. Despite this, of all seven defendants at the trial, he was the only one to give evidence.
Defence evidence put before the jury corroborated AB’s account, based on an examination of phone material and the forensic evidence. Thorough examination of unused CCTV evidence established that AB had not entered a playground area where a knife was later recovered, as alleged by the prosecution, but in fact left the park by a different route. AB called a bloodstain expert to assist the jury with blood found on his jacket. This was contested by two experts called by the prosecution and other defendants. The expert evidence in the case involved forensic analysis of blood drying times, secondary transfer, and stain pattern analysis.
The case was factually and legally complex, and included arguments on:
- Admissibility of identification evidence.
- Principles of open justice, as a result of voice modulation and public gallery arrangements for a prosecution witness.
- Admissibility of expert evidence.
- Disclosure of privileged documents.
- Admissibility of co-accused defence statements.
- Admissibility of cognitive and developmental limitations to explain presentation.
AB spent more than one year and six months remanded in custody awaiting his trial. The verdicts allowed him to return to his family today.
Liam and Rabah were instructed by Vanessa Wiggins at Bark & Co. Solicitors.
Further details can be found in press coverage here.
