Whitehall_Bin_Men
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 Posted: Fri Dec 20, 2019 3:19 pm Post subject: |
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Yousef Makki murder trial: Teenager found NOT GUILTY over fatal stabbing
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/y ousef-makki-murder-trial-live-16456166
The 17-year-old Manchester Grammar School pupil was stabbed in the chest in Hale Barns
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ByJohn Scheerhout
UPDATED16:53, 22 AUG 2019
A teenage boy has been found not guilty over the death of Manchester Grammar School pupil Yousef Makki.
As a jury returned their verdicts at Manchester Crown Court on Friday, Yousef's father was heard to shout from the public gallery: “Where’s the justice for my son?”
The A-level student, 17, from Burnage, passed away in hospital in March this year after he was stabbed in the chest on Gorse Bank Road in Hale Barns.
Two youths, boys aged 17 who cannot be named for legal reasons, have been on trial for almost a month facing several charges in connection with his death.
The jurors found one boy not guilty of murdering Yousef and not guilty of an alternative charge of manslaughter. He was cleared of a further charge of conspiracy to rob with his co-defendant on the same date. The first boy earlier pleaded guilty to perverting the course of justice and possessing a flick knife.
The second youth was also found not guilty of conspiracy to rob and perverting the course of justice.
The particulars of the perverting the course of justice charge alleged he gave an account of the fatal stabbing which suggested the person responsible for the stabbing was someone other than his co-defendant.
The second defendant admits possessing a flick knife.
Both boys will be sentenced for those offences on July 25.
Reporter John Scheerhout is in court and will be providing live updates.
KEY EVENTS
The dramatic scenes in court as the verdicts were read out
16:51
Yousef's father collapses, paramedics called
15:23
"Where’s the justice for my son?”
15:03
Yousef's father launches angry tirade in court
15:02
BREAKING: Both defendants NOT GUILTY of all charges
14:58
16:51KEY EVENT
The dramatic scenes in court as the verdicts were read out
We’ve just published this account of this afternoon’s events at Manchester Crown Court:
16:10JOHN SCHEERHOUT
Boy One's family: 'No winners in this case'
The family of Boy One have released this statement:
“Obviously we welcome the verdicts. The jury came to a proper conclusion on the evidence.
“There are, however, no winners in this case. Yousef’s death was a tragedy and our son will have to live with his responsibility of his role for the rest of his life.
“But the Makki family’s hurt and loss are infinitely greater. Nothing we can say can make up for that or change it.”
16:01JOHN SCHEERHOUT
Makki family 'in disbelief' - ambulance called for Yousef's father
It’s fair to say other members of the Makki family, including his mother, have been left in tears and in disbelief at the verdicts.
An ambulance was called for Mr Makki, it is understood.
He was escorted away from the area around the door of the upstairs public gallery. His condition is not yet known.
15:59JOHN SCHEERHOUT
Boy One's defence calls outburst by Yousef's father ‘serious threat made to my client’s family'
Alistair Webster QC, defending Boy One, stands and tells the judge that there have been ‘serious threats made to my client’s family in the presence of police’, indicating to the upstairs public gallery from where Yousef Makki’s father had his outburst, and the barrister questions whether his client’s bail address should be aired in open court.
The QC gives way to his junior counsel Alex Leach who tells the court that there was an ‘intensive package’ of bail conditions for Boy One.
He said he didn’t suggest they were relaxed for now but that he still wanted to the judge to address the matter of the bail address back on chambers.
With that, the press must leave court and the hearing continues ‘in chambers’, which means without the presence of the press or public.
15:45JOHN SCHEERHOUT
Boys will be sentenced on July 25
The judge says he wants pre-sentence reports to the charges the two boys have admitted.
He says he will pass sentence on July 25.
Mr Justice Bryan also asks for a note from the prosecution ahead of the sentencing.
The judge then turns to bail - both the accused have been on conditional bail.
He tells the barristers he wants to continue bail on the same conditions as before.
15:40JOHN SCHEERHOUT
Defendants back in the dock as hearing resumes
After a hearing in chambers, the press and public are invited back into court and hearing is about to resume.
The two defendants are back in the dock.
15:23KEY EVENT
Yousef's father collapses, paramedics called
Mr Makki has collapsed out of view of the press bench in the public gallery, I have learned.
He is being tended to by police officers and paramedics have been called.
15:18JOHN SCHEERHOUT
Hearing about to resume
The hearing is about to resume.
Boy One and his parents are all texting on their phones in the public gallery.
Boy Two is talking to his father.
15:13JOHN SCHEERHOUT
Accused set to be sentenced for charges they admitted
The two accused still have to be sentenced for the charges they have admitted.
Both have admitted possessing knives while Boy One also admits perverting the course of justice, by lying to the police at the scene .
The sentencing will take place shortly
15:12JOHN SCHEERHOUT
Proceedings halted after outburst
The proceedings have been dramatically halted following Ghaleb Makki’s dramatic outburst.
Boy Two has also left the dock and he is in the public gallery with his family, texting on his mobile. Members of his family are in tears.
15:03KEY EVENT
"Where’s the justice for my son?”
Mr Makki’s father is heard to shout: “Where’s the justice for my son?”
The judge rises and leaves the courtroom. Police officers can be seen arriving into the public gallery to speak to Mr Makki.
In the downstairs public gallery, Boy One is hugged by his mother after being released from the dock.
15:02KEY EVENT
Yousef's father launches angry tirade in court
After the final verdict is delivered, Yousef Makki’s father Ghaleb rises to his feet in the upstairs gallery and launches a tirade.
He has to be restrained as he repeatedly yells ‘f*** you you b******’ before being led away,
The families of the two accused weep in the downstairs public gallery.
14:58KEY EVENT
BREAKING: Both defendants NOT GUILTY of all charges
The jury is back in court and verdicts are being delivered.
The foreman is asked if they have reached verdicts on all counts on all defendants on which they are all agreed and she says they have.
Boy One is found NOT GUILTY of murder and NOT GUILTY of the alternative of manslaughter
Boy One is found NOT GUILTY of conspiracy to rob.
Boy Two is found NOT GUILTY of conspiracy to rob.
Boy Two is found NOT GUILTY of perverting the course of justice.
To recap, the defendants have been found NOT GUILTY of all charges
16:21
Jury sent home
Jurors have now been sent home after spending the day considering their verdicts.
They were originally sent out at about 2.30pm on Wednesday.
The jury will continue their deliberations at 10.30am tomorrow.
11:33
Judge tells jury they are 'under no pressure to return verdicts in any time period'
That brings to an end the judge’s summing up of the evidence.
Mr Justice Bryan asks the jurors to take account of the closing speeches of counsel but he stressed they were not bound to accept what any of the QCs had said.
”The facts of the case are your responsibility,” he said.
He went on that ‘you must if you can’ reach unanimous verdicts on which all of them were agreed on all the counts on the indictment.
The judge said the law did allow for verdicts on which not all 12 of them were agreed.
”But those circumstances have not arisen at this time and will not for a considerable time,” he went on.
Then he asked that the usher take the jurors to ‘a quiet and secure place’ to begin their deliberations.
Before he sent them out, the judge stressed to the jurors that they were ‘under no pressure to return verdicts in any time period’.
With that, as the fourth week of the trial began, the jury was sent out to begin deliberations.
11:09
'A lot of blood had been found in the chest cavity and the left lung had collapsed, the court heard'
The judge turns to the post mortem examination carried out by a Home Office pathologist on Yousef Makki’s body.
The jurors are taken through a series of injuries on the body most of them very minor.
The fatal stab wound went through the heart, through the diaphragm and ended with a puncture mark on the liver, according to the pathologist.
It was possible that the hilt of the weapon had contacted the skin where the blood had gone in, he had told the trial.
A lot of blood had been found in the chest cavity and the left lung had collapsed, the court heard.
It wasn’t easy to be precise on the length of the wound but the pathologist estimated it was about 12cm deep.
The pathologist estimated a ‘moderate’ degree of force had been used to cause the injury although he accepted it could have been greater than that.
11:07
Judge describes the knife 'used to inflict the fatal injury'
The jury is back in court and the judge has resumed his summing up of the evidence.
The jurors are reminded that Boy Two was interviewed by police on nine occasions, telling officers that Yousef Makki was his friend.
The youth said he had been looking at his phone when the incident happened and that Yousef Makki turned around and had blood on his top, the judge reminds the jurors.
The boy said he was in shock and panic.
He told the officer that Yousef had told him ‘he stabbed me’ although the boy said he (Boy Two) didn’t know who had done it.
Boy Two said he and Boy One carried knives.
He said he did so because of ‘peer pressure’.
Boy Two confirmed he had called ‘Cali’ for some weed that day but when they arrived at the meeting Boy One was ‘jumped’.
The judge then turns to the forensic and medical evidence in the trial.
The jurors are reminded that they had heard evidence that there was ‘moderate’ support to the suggestion that a ring like one worn by Yousef Makki caused an injury on Boy One’s head.
A forensic scientist had been asked to establish which of the three knives found at the scene was responsible for the injury and who it belonged to, the jurors are told.
A grey pen knife had minute blood flakes and low level DNA suggesting the presence of two individuals, the court heard.
The second knife was a flick knife, one of a pair, found over the wall in bushes and this was the one used to inflict the fatal injury, the jurors are told.
Blood was found on the blade which provided a DNA match for Yousef Makki, the court heard.
DNA analysis could not prove that Boy One had that knife but the judge tells the jurors that it was ‘common ground’ that he had handled it.
15:58
The judge, Mr Justice Bryan, then halts his summing and tells the jurors he has nearly finished
He tells them to return in the morning when he said he would complete his review of the evidence and send them out to consider their verdicts during the morning.
He told the jurors not to look at the internet or carry out their own research into the case and not to start deliberations until after he had completed his summing up and they were all together in their jury room.
15:50
The judge then moves the medical evidence in the trial
A heart surgeon who lived nearby and went to help Yousef, made an incision in his chest and started carrying out heart massage, the jurors are reminded.
He continued with the heart massage all the way to Manchester Royal Infirmary where he was taken to the resuscitation unit but he was confirmed to be dead, the court hears.
14:46
The jurors are also reminded about the evidence of a passer-by who had been at a family function and said he saw three youths kneeling down on the grass verge
The shirt of one boy was covered in blood and another lad was topless, according to the passer-by.
He asked whether the person who did this was still there and he was told no and they were ‘still out’.
The jurors were also reminded of the evidence of a PC who said he was on traffic patrol when he was sent to the incident.
He was one of the first on the scene. He said he saw a topless Boy One and a rapid response ambulance arrived at the scene.
He said he stood beside both the accused but neither spoke to him.
Another officer, a sergeant, said he saw people giving first aid and that the victim was barely conscious.
There was nothing else he could do for him as he was being looked after by others, he had said.
He spoke to Boy One who he said was ‘distressed and upset’. He activated his body camera.
The jurors are reminded what Boy One had said including that Yousef Makki had fallen over and was coughing up blood. He later is heard to say Yousef Makki had been stabbed although he had not seen it.
Boy One said he had seen a VW Polo and suggested people had come from Stretford to Hale to ‘rob people’.
14:30
The jurors are reminded that a security guard in a car came across the scene on Gorse Bank Road and said he wanted to let the lads sort it out themselves at first
He said he heard raised, ‘panicked’ voices, the jurors are reminded.
Later he saw Yousef with blood all down his shirt leaning against a tree and that Boy One was using his shirt to apply pressure to the wound.
He said he asked who had done it and that Boy One pointed down the road and mentioned a grey hatchback.
The scene was ‘very panicked’ and he was trying to keep Yousef calm, the security guard had said in his evidence. Under cross-examination, he confirmed he had been relaxing in his car and watching Netflix when something caught his eye down the road.
He thought there was some ‘argy bargy’ going on and that the impression he got was of people panicking rather than aggression.
14:19
The judge then turns to Boy Two, reminding the jurors he had not given evidence in the trial ‘which is his right’...
He reminds them that he was interviewed on several occasions by police and that the transcripts of those interviews were read to them.
The jurors were also read a number of glowing character testimonials, the judge continued.One had described him as ‘sweet, lovely and engaging boy’ although he was a little naive, the jurors are reminded.
The judge told the jurors it was for them to consider whether these references helped them.
He said they may decide they they showed he was very intelligent although it was for the jurors to decide.
14:17
The judge resumes his summing up after the lunch break
Mr Justice Bryan is reviewing the re-examination of Boy One by his own QC when the youth gave evidence in the trial.
10:39
Judge continues summing up
The jurors are back in court and the judge. Mr Justice Bryan, continues to sum up the evidence in the trial.
He is focusing on the incident on a lane near Manchester Airport about 90 minutes before the stabbing.
He outlines what two witnesses saw at the scene after Yousef Makki and the two accused were said to have met an alleged drug dealer.
16:56
Court adjourned for the day
After a short break, the judge begins to sum up the evidence in the case, concentrating on evidence the jury have heard on the confrontation on a lane near Manchester Airport about 90 minutes before the stabbing.
The judge sends the jurors home and tells them he will resume his summing up of the evidence in the morning.
15:18
'Set aside any emotions', jury told
Mr Justice Bryan urged the jurors to guard against any emotions they may have about the case.
He said that knife crime had been the subject of media coverage and debate, adding:
There are aspects of this trial you may find upsetting. It’s important you set aside any emotions.
You must try the case on the evidence and must not allow any emotion or sympathy to influence your assessment of the evidence.
15:10
Judge tells jurors Boy One's age 'should be taken into account'
The judge, Mr Justice Bryan, then begins the second part of the legal directions.
His first part came before counsels’ closing speeches. He tells the jurors that Boy One was 17 at the time of he incident:
You should take his age into account when assessing actions on that day. Age is not a defence and young people do commit offences including murder and conspiracy to rob. However, you should take account of his age.
Boy One had admitted he was a user of cannabis and had cannabis on him and was smoking it in the car park under Booths supermarket in Hale Barns, the jurors were told.
The youth had also admitted he was aware of the proposed purchase of cannabis from an alleged drug dealer, said Mr Justice Bryan, adding:
But it tells you nothing, however, about whether he committed conspiracy to rob or murder.
Boy One had admitted having knives with him on previous occasions, said the judge, referring to a series of videos which showed Boy One handling knives. It had been argued that this was simply ‘larking around with friends’ although the trial had also heard evidence about a party in Hale Barns a year before the stabbing when Boy One was said to have punched someone and produced a knife, the jurors were told.
The judge adds:
The prosecution say it shows his tendency to carry offensive weapons.
The judge gave the jurors similar guidance on how to treat Boy Two, who was also 17 at the time. The jurors were urged to take account of his age. The jurors were reminded that Boy Two had decided not to give evidence during the trial.
The judge told the jurors this was his right and that they must not assume guilt because he had not given evidence. But he went on that ‘silence may count against him’ and they would have to decide whether his decision not to give evidence was because he had no answer to the prosecution case.
15:01
Barrister urges jurors to scrutinise the evidence
The jurors see again another section of the police conversation with Boy Two in the kitchen, when he breaks down in tears and is comforted by his mother.
The mother is heard to ask which hospital Yousef had been taken to and whether she should call Yousef’s mother. The officer tells her it wasn’t the kind of news that should be given over the phone and tells her to leave it to the police.
Mother and son were by turns ‘calm and not calm’ and they were ‘clearly in shock’, Ms Laws told the jury. They were ‘all over the place’.
The QC said that the prosecution had to prove her client intended to pervert the course of justice. She went on that there was ‘no evidence whatsoever’ that police officers had acted on what he had told them.
The barrister said:
They have to show that those ramblings tended to pervert the course of justice.
She said that during his police interviews her client did admit his part in the incident on a lane near Manchester Airport, said by the Crown to be an attempt by the two defendants to rob an alleged drug dealer.
She said no-one was saying what had happened wasn’t a ‘terrible tragedy’ and the QC went on that the jurors may feel under pressure.
She urged them to scrutinise the evidence and not to convict her client if they weren’t sure.
14:56
Boy Two 'did his best for (Yousef)' at the scene
Ms Laws tells the jurors that her client ‘did his best for his friend’ at the scene of the stabbing.
She stressed that he was looking down at his phone when the incident happened. The QC says that people can be distracted and that ‘it is possible he saw nothing’.
The jurors are again played a 999 call Boy Two made from the scene of the stabbing.
In the call Boy Two is heard saying he ‘saw a whip’, or a car. The QC said that was the only reference to a car in the call and insists he was helping the police and was answering their questions and also answering questions from his own mother.
Then the jurors are again shown police body-cam footage of Boy Two arriving at home following the stabbing and being questioned by a police officer in the kitchen.
The QC said the first reference to a car was four minutes into the video and then again 20 minutes later. Boy Two makes reference to there being one, two and then three cars, Ms Laws tells the jurors.
She said:
Is he making any sense at all?
She said juveniles ‘have a tendency’ to mislead themselves and ‘have a tendency to be unreliable’.
Her client had uttered ‘random words’, she said.
14:54
Court resumes after lunch adjournment
The jury have returned after lunch and Boy Two’s barrister is continuing.
_________________
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'Suppression of truth, human spirit and the holy chord of justice never works long-term. Something the suppressors never get.' David Southwell
http://aangirfan.blogspot.com
http://aanirfan.blogspot.com
Martin Van Creveld: Let me quote General Moshe Dayan: "Israel must be like a mad dog, too dangerous to bother."
Martin Van Creveld: I'll quote Henry Kissinger: "In campaigns like this the antiterror forces lose, because they don't win, and the rebels win by not losing." |
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