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Jonathan Whitfield QC and Liam Walker secure acquittal on “Halloween murder” re-trial

MK was one of four defendants accused of killing Richard Price on Halloween 2009. In July 2010 MK who was represented by Jon Whitfield QC and Liam Walker, was acquitted of murder. Now in a second trial (4th - 19th January 2011) MK has been acquitted of manslaughter.

The Crown alleged that the four had kicked and stamped RP to death and adduced evidence from eye-witnesses to this effect and from a pathologist and blood-spatter expert to support their case. All defendants accepted being present in the alley where RP died but each denied responsibility. MK was first on the indictment and was subjected to cut throat defences by all other defendants. Following his unanimous acquittal for murder he was tried for manslaughter.

In the retrial the Crown alleged that whilst MK had earlier been a conciliatory figure in disputes between RP and two others, his temper had finally snapped under RP's repeated provocation. He was said to be responsible for kicking RP to death. MK's case was that at all times he had tried to retreat from or prevent violence and that he did not kill RP. In trial the Crown strongly attacked the defence blood-expert alleging incompetence and bias. They also asserted that MK had deliberately set out to fabricate a defence starting with an inadequate prepared statement in interview, an enhanced version of events in his defence statement and an elaborate set of lies in evidence. These assertions were roundly denied by MK.

The Crown's assertions were tested at length by Jon Whitfield QC and Liam Walker. In particular the scientific evidence (blood-spatter and forensic analysis of injury) and the reports by eye-witnesses were challenged. After careful deliberation the jury followed the defence approach and rejected the Crown's case.

A particularly interesting issue revolved around interference with defence witnesses whose details had been passed to the police for the standard CRO checks. Two witnesses employed in public offices were placed under pressure by unauthorised and/or inappropriate comment to them or to their employers - one nearly lost her job, the other would not attend court voluntarily and had to be summonsed. It is a salutary lesson, suggesting that if details are to be handed to the police, inquiries should be supervised by a Prosecuting Solicitor or by Counsel.

Should you require any further information on the issues arising from this case or require the availability of either Jon Whitfield QC or Liam Walker please contact the clerks.

26 January 2011

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