How were three boys who played no active role in a Manchester killing convicted of manslaughter? | Joint enterprise

OOn 22 January 2022, 11 boys entered a CCTV dead zone at a junction of two roads in Stretford, Manchester. Only 10 survived. Sixteen-year-old Kenny Carter was stabbed, his last words heard by his older brother, who he was talking to on the phone at the time: “They stabbed me in the heart bro.”

Kenny’s mother, Joan Dixon, later described how her family had been devastated by his death.

What happened in that CCTV blind spot was at the center of a six-week trial at Manchester Crown Court in which 10 black boys, aged between 12 and 16 at the time of the murder, were charged with murder.

Described as “a puzzle with missing pieces” and “a net that was cast wide” by lawyers defending the boys, the trial was the latest in several high-profile prosecutions for joint ventures involving large groups of black youths in Manchester.

The conflicting legal doctrine allows prosecutors to charge multiple people with the same crime. It can be applied even if the accused did not play an active role but is found to have encouraged or aided the principal perpetrator. What it means to aid or abet is open to jury interpretation.

New figures obtained by the Guardian show that the number of people charged and convicted as accessory to murder has risen significantly over the past 10 years, despite clear warnings that the doctrine has “gone down the wrong path”.

The dispute over legal doctrine was not missed by the judge. Before the jury was even sworn in, Judge Julian Goose was heard warning the lawyers present about the term. “I’m no longer a fan of the words ‘joint venture’; it raises concerns among people who are interested in these issues,” he said.

But while the phrase was avoided, the principle behind the doctrine was clear. Despite the lack of video surveillance at the time of the stabbing, there was no doubt as to who caused the death. All those involved in the trial, including the accused himself, agreed that the fatal blow was delivered by boy A, then aged 14, who cannot be named for legal reasons. He claims he acted in self-defense after Kenny pulled a knife. Prosecutors said the knife was his.

There is no evidence that any of the other nine defendants ever had a weapon or played an active role in the murder. Three of the boys said they were around the corner on another street and therefore did not even witness the events.

Two of the boys, one of whom was only 12 at the time, were described as having abnormally low IQs. Another, who was 13 at the time, was autistic and had ADHD.

Yet Boy A was found guilty of murder and three others convicted of manslaughter after the Crown Prosecution Service alleged that by being at the scene they had deliberately aided or abetted Boy A in his actions. All nine boys had denied this offer.

The six who were acquitted have been facing a murder conviction for more than two years.

Activists and family members are questioning whether it is appropriate for all 10 boys and young men to be tried for the actions of one of them.

“It’s collective punishment,” said Gloria Morrison, founder of the Joint Enterprise Not Guilty By Association (JENGbA) campaign. “It confounds the whole idea of ​​what young people or anyone else thinks is justice. What benefits can there be in locking up a child who did not actually commit the crime?’

The prosecution claimed the 10 boys had traveled to Stretford to seek revenge for an attack on a friend the previous day. Many of those in the dock disputed that idea, with some saying they had never heard of the boys involved in the fight the night before and that they only traveled to the area to meet girls or steal bikes.

Bikes were stolen but the boys stayed in the area afterwards. CCTV footage shows them passing Kenny Carter as he walks down the street. Kenny was associated with one of the groups of friends involved in the confrontation the night before.

After being recognized by someone in the group, several boys followed Kenny down Thirlmere Avenue, where Boy A confronted him. Within 18 seconds of the confrontation, Kenny was stabbed in the chest and left for dead as the others ran.

It was in those brief moments that prosecutors said the group acted as one. “Sharing with [Boy A] the common goal of revenge, sharing with him his intent and encouraging him by their very presence … each signaling to Boy A that they are still all together,” prosecuting barrister Jaime Hamilton KC told the jury.

The accused disagreed: many said they had no idea there was a knife and had no way of knowing what Boy A would do. One after another they said they never intended or did anything to encourage him.

All 10 boys on trial are black teenagers. Figures revealed by the Guardian show that in Manchester a quarter of those accused and convicted of murder as secondary suspects over a five-year period were black.

Given their young ages, only three of the defendants can be named. Gabriel Ferguson, now 19, was found not guilty of either murder or manslaughter; his brother Lateef Ferguson, 18, was found guilty of manslaughter; and Rashon Williams, 18, was acquitted of murder and manslaughter. Of the remaining seven boys, who cannot be named, two were convicted of manslaughter and one was found guilty of murder. They were all 14 years old at the time.

Two of the other boys, then aged 16 and 12, had IQ levels significantly lower than their peers, registering in the 98th and 94th lowest percentiles, respectively. Both were found to have reduced cognitive functioning in reasoning and comprehension.

Roxy Legan, founder of the anti-racist youth organization Colorful children, said: “When you get down to their identities, alongside the so-called vulnerabilities of many in the dock, what we’re seeing is a reflection of those locked up in the wider youth injustice system. We know that this system is disproportionately made up of black and brown young people, young people with care experience or who have diverse needs. Young people who in various areas of their lives have already been targeted, oppressed or failed.

“We have to recognize that this is intentional, these systems have always existed to oppress racists and working class people.”

The case had echoes of another murder trial in Manchester in 2017 in which 11 defendants, all black, were convicted of murder and manslaughter despite clear evidence that only one wielded the knife. Three of the convicts are appeal attempt against their beliefs, backed by the Liberty campaign, which claims the alleged evidence of gang affiliation is racist, a suggestion Greater Manchester Police rejects.

In another trial in 2022. 10 young black men were jailed for conspiracy to kill or cause grievous bodily harm, based on a Telegram chat group. No one mentioned in the chat group was hurt. Six of the convicted young men are expected to seek leave to appeal at the Crown Court on July 12.

Legan said: “There is so much sadness in these cases. A young person’s life can be taken and then in response to interpersonal violence we respond with even more violence through the cruel criminal practices we see happening in Manchester. Anyone who could do something about the injustice of the joint venture knows its horrors, yet here we are.