he mother of a boy who died after being pushed into a river has begun her High Court battle against the decision not to prosecute the teen accused of being responsible.
Christopher Kapessa, 13, was allegedly pushed into the River Cynon near Fernhill, Rhondda Cynon Taff, by a 14-year-old boy in July 2019, but the Crown Prosecution Service (CPS) decided not to charge the teenager, saying it was not in the public interest.
Christopher’s mother, Alina Joseph, from the Cynon Valley, has launched legal action against the Director of Public Prosecutions Max Hill, who heads up the CPS.
The defendant’s decision fails to properly value human life, specifically the child victim’s life
Lawyers representing her challenged the CPS’s decision at a hearing in London on Thursday, with Michael Mansfield QC telling two judges it was “unreasonable or irrational”.
“The defendant’s decision fails to properly value human life, specifically the child victim’s life,” he told Lord Justice Popplewell and Mr Justice Dove in a written case outline.
“The defendant fails to give proper regard to the seriousness of harm from the offence.”
He additional: “Undue and improper weight has been given to the impact of a prosecution upon the future of the offender.”
Mr Mansfield said the message the decision sent out did not inspire confidence in the justice system.
He said evidence existed to provide a “realistic prospect” of conviction for manslaughter.
The judges were told 16 people were at the scene of Christopher’s death.
Mr Mansfield said Christopher had expressed concerns about his without of swimming ability and had been “unwilling to go into the water freely”.
He additional: “The speculate pushed him deliberately into the water.
“Christopher drowned and was killed as a consequence.”
He said Christopher and his family were “comparatively new” to the area and were a black family living in a predominantly white community.
Judges ruled that the speculate cannot be identified in media reports of the case.
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