Divisional Court hears challenge to decision not to prosecute manslaughter of 13 year-old Christopher Kapessa

Fri, 14 Jan 2022

A judicial review brought by the mother of a 13 year-old boy who was killed by another young person in Wales in July 2019 has been heard by the Divisional Court (Popplewell LJ and Dove J). The CPS has found evidence of the offence of manslaughter, but declined to prosecute on an asserted public interest basis. This is challenged on five grounds of judicial review, which were granted permission at a previous hearing by Mrs Justice Cheema-Grubb.

The Divisional Court heard oral argument on 13 January 2022, including submissions made by Michael Mansfield QC and Philip Rule, representing the claimant Alina Joseph. They are instructed by Daniel Cooper of Imran Khan and Partners solicitors.

Judgment has been reserved.

The case has received widespread public interest and a selection of the media coverage includes:

https://www.bbc.co.uk/news/uk-wales-59977412

https://www.itv.com/news/wales/2022-01-13/christopher-kapessas-mum-challenges-decision-not-to-prosecute-teen-accused

https://www.voice.wales/im-seeking-justice-not-revenge-campaign-for-christopher-kapessa-takes-battle-to-the-high-court/

https://www.theguardian.com/law/2022/jan/13/cps-failure-to-prosecute-boy-drowning-in-welsh-river-judicial-review-christopher-kapessa

https://www.independent.co.uk/news/uk/crime/mother-director-of-public-prosecutions-crown-prosecution-service-justice-mansfield-b1992462.html

https://www.standard.co.uk/news/uk/crown-prosecution-service-justice-mansfield-london-dove-b976568.html

https://www.bbc.co.uk/news/stories-53312489

https://edition.cnn.com/interactive/2021/08/world/wales-racial-justice-cmd-idnty-intl-cnnphotos/

https://www.dailymail.co.uk/news/article-9672859/Mother-granted-permission-apply-judicial-review-death-son-13.html

Philip Rule is Head of the Public Law Group at No5 Barristers' Chambers

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