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Five young boys who were convicted of causing a pensioner’s death by pelting him with stones had their convictions for manslaughter overturned yesterday.
Ernest Norton, 67, suffered a heart attack after he was attacked while playing cricket with his son James, 17, at Erith Leisure Park, southeast London, last February.
The pair were confronted by a gang of about 20 youths who swore at Mr Norton and threw rocks, stones and pieces of wood at him. The former engineering draughtsman collapsed. Despite the efforts of Christopher Malone, an off-duty police officer, to revive him, he died while being air-lifted to hospital.
In August five boys who at the time of the attack were aged between 10 and 13 were convicted of manslaughter and violent disorder. They were sentenced two months later to detention terms of two years each for the former offence.
Yesterday at the Court of Appeal in London, Mark Wall, QC, representing the boys, challenged the safety of those convictions, arguing that the boys were not responsible for Mr Norton’s death. The court was told that the pensioner had had a triple heart bypass four decades before his death.
Lord Justice Gage, sitting with Mr Justice Tugendhat and Judge Scott Gall, ordered the release on bail of all the boys after quashing their convictions for manslaughter. Sentencing for the violent disorder offences will return to the trial judge at the Old Bailey.
Lord Justice Gage said that he would give the reasons for overturning the convictions at a later date.
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"Published: 31 August 2007
Five boys aged from 12 to 14 burst into tears today as they were found guilty of killing a father who they spat at, insulted and pelted with sticks and stones."
"The boys belonged to a gang called TNE and earlier that day, armed with a baseball bat, had met up with another group of youths for a fight. They had also been amusing themselves by smashing windows"
http://news.independent.co.uk/uk/crime/article2915423.ece
Small comfort to the family of the victim.
Ugly American, Las Vegas, USA
I notice this story isn't getting the column space that someone like Jean Charles de Menezes does. Perhaps these thugs came from a deprived background and we should all feel sorry for them? This country stinks.
John Tomlinson, Brentwood, UK
There is a saying "the law is an ass", this is not necessary true, it's the policy and law makers that fail to sufficiently secure laws which allow people to misconstrued and misuse the system, more importantly, the judges should determine the judgement on the merits of the incident.
I this case, a man enjoying a moment with his son is attacked to such a degree that his life is threatened with the ultimate result, itâs true that his previous medical history may have had some influence on the difficulties to resuscitate him, however, the incident was the cause in this case.
The fact that 20 youths took part in the attack on Mr. Norton should constitute murder, however, manslaughter would have been the charge and all the youths involved were guilty by way of association, and the original verdict would have been right under the circumstances. The question here is; Why did Mark Ward consider that he needed to reassess the verdict, although the appeal judges should been able to control
Jef Swain, Romford, England
As these thugs have been found innocent, then there'll be no problem I assume with the court releasing their names. I'm sure that the boys would want their brave and fearless attack on a defenseless man and his son to be shared with all their family and friends.
Simes, Sevenoaks,
It's the judges who should be put in jail not the boys. Who are these self righteous prats who constantly distort the law and demoralise our police forces? Why can't they be answerable to a higher INDEPENDENT authority who has the right to fire them for doing a poor job (without giving them a huge pension)
George, Glasgow, UK
In retrospect, I believe it was the Tony Martin verdict that represented the last straw, and caused me to sell up and emigrate. Easier for me than many as I'd lived abroad before.
In this case a bunch of juvenile miscreants pelt an elderly man with stones in a public place, and as a result he dies. If he hadnât been attacked he wouldnât have died. If thatâs not manslaughter I donât know what is. This Court of Appeal verdict should be causing resident-Brits to say aloud, "That's it. I've had it with this country." And really mean it this time. Because things can only get worse.
Andrew Milner, Yokohama, Japan
Freeing these offenders was a truly negligent and irresponsible act. No one with any sense of justice can say that it was right to free them. I am embarrassed that anyone even thought to appeal against the original punishment. The parents or any other carers of these uncivilised creatures should surely be horrified and ashamed of the conduct of their offspring, and would certainly not do anything to hasten their return to menacing the innocent public. Surely responsible parents or carers would be focussing on how they could keep them away from the public until they could be CERTAIN that they would cause no more harm.
JB, Sheffield,
Disgraceful. Would Mr Norton have had a heart-attack if he had just been enjoying a quiet game of cricket with his son? Or is the anxiety caused by abuse and objects being hurled at you more likely to cause an attack? This story is symptomatic of Britain today. People cannot even go about their daily lives without fear of some form of unwarranted abuse/attack. The Justice System has failed on this occassion. As it does everytime it jails a a driver who kills through negligence for a couple of months.
Joe, Shanghai, China
There are three disgraceful aspects to this case:
The conduct of the boys
The Sentences handed down to begin with
And now the fact that they are free
This poor man had a bypass forty years ago and its a coincidence that he has a heart attack as he is stoned to death??????
If they originally believed that the boys killed him, why is two years a sufficient sentence???? They killed a man, what relevance is their age?????
This ludicrous ruling can only serve to undermine any remaining sense of respect for the law which remains.
Tom Roberts, Cardiff, UK
Mark Wall QC challenged the manslaughter convictions with the absurd argument that it could not be established that the actions of the boys had contributed to Mr Norton's heart attack.
Do you think Mark Wall really believes his own argument? I hope that he does not, and that his conscience is causing him a great deal of trouble right now. If Mr Norton had a weak heart which made him more susceptible to dying when pelted on the head with half bricks, then bad luck to the boys as it worsens rather than lessens their crime. They should not assume the health of their victims. No human body can be expected to withstand that level of abuse without damage of sufficient magnitude (including brain damage) to warrant the punishments that the boys were awarded.
To improve justice in cases like this we need an internet based voting system where each member of the public can vote on individual issues. I doubt that the majority would vote for the boys to be freed.
JB, Sheffield,
No matter if the deceased gentleman had a bad heart, the fear of being attacked is/was obviously the cause and those "thugs" are responsible - no ifs, ands or buts. If they get away with throwing stones, do you not think they will go on to do worse? From the stories I have read in this newspaper, there is definitely a violent crime problem. Please do let them off without proper punishment.
P K Landry, Houston, TX
Just who does the QC consider is responsible for Mr Norton's death - the tooth fairy? Maybe one day he will suffer a similar family tragedy and reflect on his line of argument. Apparently what he has asserted is that if you have a predisposition to a heart condition then it is OK for someone to stress you out to the point of your demise. That is a very dangerous argument. I seem to recollect that the accused showed no signs of remorse at their trial, so what message are they getting now?
Chris D, Grangemouth, Scotland