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| Press Conference L-R Lee Jasper, Alina Joseph (Mum). Hilary Brown and Shavanah Taj |
The Family of Christopher Kapessa’s held a press conference at Bute Town Community Centre, 10 Loudoun Sq, Bute Town Cardiff, CF10 5UZ at 10 am on Monday the 24th February 2020 in response to the CPS decision not to prosecute anyone for Christopher’s death despite recently writing to the family indicating that there was “sufficient evidence” to consider a prosecution of Manslaughter.
The Kapessa family wanted a prosecution, based on the fact that the young people initially interviewed stated that Christopher has ‘slipped and fell” into the river when in fact he was pushed. That willful deception gravely extended and deepened the family’s grief and stress. They have waited eight months for the truth of what really happened at the time of Christopher’s death.
The family believes that that had a group of 14 black boys & girls been involved in a similar incident where a white boy lost his life the rigor, perspective, and conclusion of the initial police investigation and the application of the public interest test by the CPS would have reached entirely different conclusions.
The family believes this case has echoes of the culture of institutional racism uncovered in the Stephen Lawrence case where the dynamic of the ethnicity of the suspects and the victim conspired to pervert the course of justice.
Leading human right barrister Michael Mansfield QC has been instructed to represent the family.
Background.
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| Lee Jasper Bame Lawyers and Alina Joseph Christopher Kapessa Mum. |
Christopher who couldn’t swim was pronounced dead shortly after his body was recovered by emergency services who were called to the scene.
An initial investigation by South Wales Police in the immediate aftermath of Christopher's death initially concluded there were no suspicious circumstances and attributed Christopher’s death to a ‘tragic accident’.
However serious concerns were raised by the family and their Lawyer Hilary Brown, who complained that only four of the fourteen or so young people who were at the scene of Christopher’s death, had been interviewed by police officers in the initial investigation.
As a result of these concerns, it was subsequently announced that the force's major crime investigation team would be investigating and the case was referred to the Independent Office for Police Conduct, that inquiry remains ongoing.
Since that time the family and their lawyer have maintained a dignified silence waiting for the conclusion of this second investigation.
In a letter to the family dated 19th February 2020 some eight months after Christopher’s death, the Crown Prosecution Service stated that after reviewing the evidence and despite having formed the opinion that;
“...there was sufficient evidence to support a charge of an unlawful act of manslaughter” that “concluded that a suspect, who cannot be named for legal reasons as he is a youth, should not be charged with an offence of manslaughter”
The CPS further concluded that a prosecution was not in the public interest stating;
“When considering the public interest test, there are a number of factors to take into account because the suspect was 14 years of age at the time of the alleged offense and is now 15 years of age. The suspect has no convictions or cautions and has never come to the attention of the police. The suspect is described as mature and intelligent for his age, in normal education and has a good school record without any issues of bad behavior recorded.’
The CPS went on to say;
“The suspect is described as mature and intelligent for his age, in normal education and has a good school record without any issues of bad behaviour recorded.”
Adding that they had taken into consideration“...Section 44 Children and Young Persons Act 1933 and have considered the welfare of the child as stated above and similarly have considered the United Nations Convention on the Rights of the Child. “ referring to the suspect.
In attendance, at the press conference held on Monday 24th February 2020 at the Bute Town Community Centre, Bute Town Cardiff, was Alina Joseph, the mother of Christopher Kapessa, Hilary Brown of South Wales based law firm Virgo Consultancy Services Ltd and veteran civil rights campaigner, former Deputy Mayor of London and Vice-Chair of BAME Lawyers for Justice, Mr. Lee Jasper and Shavanah Taj General Secretary of Wales TUC
Alina Joseph, Christopher’s Kapessa’s mother stated:
From the start, South Wales Police baffled us by being unable to answer many the most basic of our questions. If this had been 14 black youth and a white victim we have no doubt that the approach of the police and outcome would have been different. We know that family members of the fourteen young people involved demanded the police come and interview their children, whose account was radically different from the four principal suspects.
We thank them for their compassion and commitment to justice. Their actions stand in stark contrast to the actions of those who lied.
The decision made by the CPS leaves us feeling confused and perplexed as to how some can callously lie about my sons death, inflicting more pain and anxiety on us for the last eight months, and it is the suspects human rights that prevail, despite their lies whilst prosecution over my sons death is deemed as not being in the public interest.”
Just like any other individual whose life has precious value, Christopher too deserved that value and justice for what happened to him. We have been failed by the system.”
The family is seeking a review of the CPS decision that prosecution is not in the public interest to pursue Justice for Christopher Kapessa.”
The effects and circumstances of Christopher’s death has left us all deeply wounded, a wound that may never heal. Now we simply live our lives from one day to the next.”
Hilary Brown Kapessa family’s lawyer stated;
“The decision of the CPS is disappointing in light of the fact that they confirmed that the evidential threshold was met for bringing a charge of Manslaughter against a young man whose actions were responsible for the death of Christopher Kapessa.
Christopher’s family and their legal team are now vindicated for insisting that South Wales Police undertake a new and thorough investigation to establish the facts of how Christopher died and the truth is now out. Christopher died not as a result of a ‘tragic accident’ as South Wales Police initially concluded, but as a consequence and direct result of being ‘pushed’ into the river.
Lee Jasper BAME Lawyers said,
“ In this case, we see the unmistakable echoes of same mistakes committed by the Police and the CPS as revealed in the McPherson Inquiry into the failed murder investigation into the death of Stephen Lawrence. British justice is a racial lottery with the quality of justice to often being determined by the colour of your skin and not the principles of justice. British Black communities some 27 years after Stephens murder continue to believe that British justice is all too often, racist justice. Our message to South Wales Police and the CPS is one that echoed around the world; Black lives matter.”
Shavanah Taj General Secretary of Wales TUC stated;
“ As a Welsh trade unionist and parent to black children I cannot stand by whilst the CPS and South Wales police refuse to act and rightfully serve justice to Christopher Kapessa's family, who lost their young teenage son in a tragic incident in South Wales last year.
Twenty years on since the death of Stephen Lawrence we continue to witness real failings of the very systems that are designed to protect and serve justice indiscriminately. Black lives matter isn't simply a movement or campaign with no face. It's people's lives, their families that are left to pick up the pieces.
At a time when many continue to push division and hatred, we ask all people to stand with us and call on CPS and South Wales Police to do the right thing. ”
Race Alliance Wales stated;
“We are writing as a group of concerned individuals and professionals in relation to the tragic drowning of 13-year-old Christopher Kapessa in a river incident in Mountain Ash, Rhondda Cynon Taf in July 2019. We have been informed by Christopher’s mother of the recent CPS decision not to prosecute despite there being enough evidence of manslaughter, on the basis of it not being ‘in the public interest’.
Race Alliance Wales is deeply concerned that the CPS decision does not offer justice for Christopher or his family, and sends out a troubling message that black lives do not matter. We are fully supportive of Christopher’s mother’s request for a review of this decision.”
Cardiff Stand Up To Racism stated;
“Stand up to Racism supports the call by Race Alliance Wales and The Monitoring Group to launch a new legal challenge, and will continue to demand justice for this family who is grieving the loss of their son.”
Women Connect first and Black Association of Women Stepping Out stated;
“ We as BAME women organisations in Wales are very concerned that a crime that led to the death of a young Black child has been dealt with no regard for the rights and welfare of his family. It is unthinkable that even though the legal threshold was met to bring a charge of manslaughter, a decision has been taken to not prosecute on the grounds that the rights of the perpetrator are more important than that of the victim. As BAME mothers, we fully support the request of Christopher’s mother to seek justice for her child to prevent further injustices like this happening in the future.”
