JUSTICE4CHRISTOPHER CAMPAIGN GATHERS MOMENTUM AS OUTRAGE OVER CPS DECISION NOT TO TAKE CASE FORWARD GROWS
ALINA JOSEPH, MOTHER OF THE BLACK TEENAGER WHO DROWNED IN THE RIVER CYNON LAST JULY LAYS CHARGE OF INSTITUTIONAL RACISM AT SOUTH WALES POLICE AND CROWN PROSECUTION SERVICE (CPS)
THE FAMILY AND THEIR SUPPORTERS LAUNCH CROWDFUNDING FINANCIAL APPEAL FOR LEGAL FIGHT, AND WILL MARCH ON 18TH APRIL IN CARDIFF.
By SC Cook and MS Redfern. Cover Image: Copyright SC Cook
A campaign seeking justice for Christopher Kapessa – the 13 year old boy who drowned in the River Cynon last July -will march through Cardiff city centre in April to demand that his death be treated as an unlawful act of manslaughter by the police and justice system, saying the authorities would have acted differently had it been a white boy who died surrounded by a gang of black youths.
Christopher’s mother, Alina Joseph, last week attacked South Wales Police as institutionally racist for failing to properly investigate the death of her son, and slammed the CPS over their decision not to prosecute any suspects in the case.
She was speaking after the CPS found that Christopher – who could not swim – had entered the river Cynon near Fernhill, S Wales as a result of a deliberate push in the back by at least one of the boys present at the scene of his death, contradicting the initial conclusion of South Wales Police that it was instead the result of a ‘tragic accident.’
Despite finding ‘sufficient evidence’ of a possible manslaughter charge against the suspect, however, the CPS ruled that it was not in the public interest for them to prosecute.
In a letter to the family on 19th February, they cited the suspect’s ‘good school record’ as a reason for their decision. Hillary Brown, the lawyer who has been representing the family, says they will appeal.
Christopher – a pupil of Mountain Ash Comprehensive – left his house on July 1st 2019 to play with a group of around 14 boys. He drowned in the river Cynon later that day.
Speaking at a press conference held in the Butetown area of Cardiff on Monday 24th February, Ms Joseph criticised the police for their initial investigation that she said was ‘fundamentally flawed” because it only interviewed 4 of the 14 witnesses present and overlooked key bits of evidence, before dismissing the incident as a ‘tragic accident’ within hours of Christopher’s death.
Sat alongside those who are supporting her fight for justice, she said: “We knew from day one that our son had not fallen into that river.”
At one point breaking down into tears, Ms Joseph said Christopher’s death “was no tragic accident.”
“My son, contrary to the conclusion reached by South Wales Police, had not died as a result of an accident.
“We now know that his death was the direct result of being pushed into the river by one or some of the children who were with him that day.”
Alina Joseph said she had fought to “establish the truth against the disbelief and the culture of institutional racism of South Wales Police.”
The approach of the police and the CPS would have been different, Ms Joseph said, “If it was a white child who drowned while surrounded by 14 black youth…They have failed me and they continue to fail black families.”
Speaking in the Welsh Assembly just days later Leanne Wood, AM for The Rhondda, said that it was “hard not to agree” with Ms Josephs’ assessment.
Lee Jasper from BAME Lawyers for Justice, sat next to Alina Joseph, condemned what he said were the serious failings of the police investigation which immediately followed Christopher’s death.
Out of 14 people present at the time of Christopher’s death, only 4 were identified and interviewed by South Wales Police. Mr Jasper said this was “despite evidence on social media that suggested that the incident had been filmed on WhatsApp, and that there was discussions online.”
“We say that any professional approach, taken at that time would have preserved the crime scene evidence, would have confiscated young people’s mobile phones to determine exactly what the chat was at the time, would have investigated 14 and not 4 [witnesses],”
Mr Jasper said further details would emerge about the police’s investigation during and Independent Office for Police Complaints (IOPC) investigation. He said the public would be shocked at what he described as the “shoddy, inconsistent, unprofessional way in which this case was summarily dismissed by South Wales Police.”
The case, he said, “has echoes of that of the failures that we saw in the investigation to the death of Stephen Lawrence.”
The official explanation of Christopher’s death was immediately contested both by the family and some of the people who were present when he died.
Christopher’s Mother praised what she called the “brave wonderful parents” who had tried to save her son and who had helped ensure that the police’s initial conclusion was overturned by the subsequent investigation.
“They offered both sympathy and support,” she said. “These parents are the ones who were insistent that Christopher’s death was no accident and demanded that the police interview the children to find out exactly what happened on that tragic day.”
But the CPS findings have raised serious questions over the initial statements given by the four witnesses who were interviewed, all of whom told police that the 13 year old had fallen by accident into the river that day.
Ms Joseph said that it was her belief, “that the evidence points to an organised conspiracy by a small group of parents who worked together and coached their children with the sole aim of frustrating the search for truth and evading justice.”
“In doing so, these parents, along with South Wales Police, with no regard for either me or my family have unnecessarily deepened our pain and agony. For eight long months we have been both worried and haunted by the circumstances surrounding my son’s death, replaying and revisiting the details of how he died each and every day. Unable to rest… becoming sick with worry, doubt and uncertainty. This has been a double punishment for me and my family. And I say this is unforgivable, very unforgivable.”
Shavanah Taj, President of the Wales Trade Union Congress [TUC], sat alongside Alina Joseph at the press conference, was damming in her criticism of the police.
“This isn’t complicated,” she said. “They are choosing not to do something because ultimately, what does this come down to? The fact of the matter is, you’re talking about a young black boy’s life. What they are telling us is that black lives don’t matter.”
Pledging the support of the trade union movement in Wales to the campaign, she went on to say that “this cannot continue anymore. We need answers. We need to know what happens next.”
The march is planned for 18th of April, gathering at 11.00am on the steps of the National Museum for Wales, Cardiff.
A crowd-funder to raise money for the family’s legal fight can be found here: https://www.crowdjustice.com/case/justice4christopher-kapessa/
A spokesperson for the CPS said “In coming to our decision careful consideration was given to the law regarding the prosecution of youths and the public interest test was not met.”
Commenting after the press conference, South Wales Police Chief Superintendent Dorian Lloyd, said:
“We are aware of the family’s concerns and whilst we cannot comment specifically in relation to previous complaints, as they have been referred to the Independent Office for Police Conduct, we do have confidence in the police investigation into the circumstances surrounding Christopher’s tragic death.”
