A 14 year old from Birmingham has been acquitted of murder following an 11 week trial at Birmingham Crown Court.
The youth, represented by Gurdeep Garcha KC leading Lynette McClement – instructed by Maslen Merchant of Hadgkiss Hughes & Beale Solicitors, Birmingham – was charged alongside four other defendants with murder, manslaughter and violent disorder.
The victim, a 53 year old local man, was stabbed through the heart on the car park of Asda, Redditch, in March 2022 following an altercation with a number of youths.
The prosecution case was that the defendants were gang members on their way to a planned confrontation with a rival Redditch gang. Mr Garcha KC’s client was said to be one of the group who was carrying a knife to the confrontation for the express purpose of engaging in serious violence.
The group travelled by train from Birmingham, and it was alleged behaved in a violent and aggressive fashion throughout the train journey, before ‘terrorising the residents of Redditch’ with similar behaviour upon arrival.
The group of 11 eventually made their way to the Asda store whereupon they split into two. One group went into the toilets, where they were alleged to behave in a volatile and anti-social manner. The victim, who was using the toilets at the time; was said to have taken exception to their behaviour and confronted them outside. It was said that he was, as an adult, entitled to confront the youths about their conduct. It was alleged that thereafter he was attacked by the whole group for no reason.
The defendant denied that he was aware any planned violence with another gang, he disputed that he was carrying any weapon and asserted that he was not responsible for starting any violence. He denied being party to a joint enterprise in any violence. He had not assisted or encouraged the youth who actually stabbed the victim. He asserted that he had been the victim of unlawful violence by the victim.
One defendant was convicted of the murder by the jury. Mr Garcha KC’s client, and three other youths, were unanimously acquitted of both murder and manslaughter by the jury.