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  • High Court today upholds the CPS decision not to prosecute anyone over the death of Christopher Kapessa  
  • Mother Alina Joseph: “this judgement confirms the criminal justice system and the CPS in particular value the welfare of the perpetrator, over the life of Christoper and my family.”
  • The justice campaign calls the decision a “bitter blow” and a “reflection of the prevalence of racism in the criminal justice system.”

Image: Tom Davies

A High Court ruling today has upheld the Crown Prosecution Service decision not to prosecute anyone over the death of the 13-year-old black teenager Christopher Kapessa. 

An investigation in 2019 found that Christopher Kapessa was deliberately pushed into the River Cynon in July of that year, surrounded by a group of 14-16 of his white peers. Christopher, who could not swim, had previously suffered racist abuse at school.

South Wales Police ruled out foul play within a day of the tragedy, before having to reopen the case under public pressure, only to find that Christopher was pushed in before he drowned. Despite finding sufficient evidence of manslaughter , the CPS decided it was not in the public interest to pursue the case.  

This prompted Christopher’s mother to accuse both South Wales Police and the Crown Prosecution Service of institutional racism, saying they would have acted differently had it been a white child who died surrounded by a large group of black teenagers. 

On 13th January this year, the High Court heard Michael Mansfield QC, counsel for the family, argue that the decision by the Crown Prosecution Service to drop the case was “unreasonable or irrational” when it had “realistic prospect” of a conviction. 

Alina Joseph, Christopher’s mother, said in a statement following today’s verdict. “As I feared, this judgement confirms the criminal justice system and the CPS in particular value the welfare of the perpetrator, over the life of Christoper and my family.”

“I am not driven to seek justice because I am grief stricken or because of personal vendetta,” she continued.  “I am purely seeking justice according to the law because the law tells me that I have the right to fair treatment, what is morally right and so I seek to understand what exactly happened to my son. To date I nor my family have been given the opportunity.”

Faith Walker, a close friend of the family said the events leading up to Christopher’s death were a “wake-up call for Wales” and called on people to “rise up…otherwise Black Lives will never matter.” 

Suresh Grover, co-ordinator of the justice for Christopher Kapessa campaign, said that the decision was a “bitter blow” and a “reflection of the prevalence of racism in the criminal justice system.”

Meanwhile the MP for Cynon Valley, Beth Winter, whose constituency Christopher lived in and who has promoted the campaign in the House of Commons, expressed her dismay at today’s decision: “I’m devastated for Alina, I can’t begin to imagine how she must feel and my heart today is with Christopher’s family on this painful day.”

“The family need to hear the truth, and they need justice done according to that truth. The decision today marks a missed opportunity to move closer to that truth. Instead, the family must feel they have been let down again and again by our justice system. That again and again, too little value is being placed on Christopher’s life.”

“I continue to be inspired by Alina’s bravery, her determination in the pursuit of truth and justice. Whatever she decides to do next, I will stand in solidarity with her.”

Shavanah Taj, the head of the Wales Trade Union congress who accompanied the family to the high court earlier this month, said: “I’m extremely disappointed to hear today’s outcome. The Wales TUC & wider trade union family will continue to support Alina Joseph, Christopher Kapessa’s mother, seek justice for her 13 year old child, who became a victim of a homicide” 

“Our justice system is supposed to be colour blind and free from discrimination. Under the eyes of the law we are supposed to be seen as equal. Sadly today’s outcome indicates otherwise. “How can it be that the CPS accepts that there is strong evidence of offering a realistic prospect of a successful prosecution, but they will not charge the suspect on public interest grounds? It beggars belief. Solidarity and Justice for Christopher Kapessa.”

Christopher’s case is one in a number of high profile fights for justice involving police in Wales and their treatment of Black and Brown people. Mohamud Hassan died after being detained by police in January 2021 yet his family are still pursuing answers from South Wales Police. Similarly, Mouayed Bashir’s family in Newport are awaiting an inquest after he died when he was restrained by officers in his home. Siyanda Mngaza’s family are also trying to secure her release from prison, after she was convicted for grievous bodily harm after what she said was self defence in the face of a racially-motivated assault.

A Gwent Police officer was also seen beating a young black man in Newport in 2021, the cop involved being taken off the streets due to phone footage emerging and outcry on social media.