Commission urges safeguards after referring three joint enterprise murder convictions
A barrister who has campaigned against the use of racial stereotypes in criminal trials has welcomed a decision by the Criminal Cases Review Commission to refer three joint enterprise murder convictions to the Court of Appeal. The commission said new material undermined the gang narrative relied upon by prosecutors at trial.
Keir Monteith KC of Garden Court Chambers represents Durrell Goodall, Reano Walters and Trey Wilson. Their applications for referral were submitted in May 2023. Earlier this week the commission announced that a review of fresh evidence and arguments had cast doubt on the way alleged gang involvement had been presented to the jury.
Goodall, Walters and Wilson were 20, 19 and 19 when they were convicted in August 2017 of the joint enterprise murder of 18 year old Abdul Hafidah in Manchester in May 2016. In total, 13 men were charged and tried at two separate trials.
The commission said submissions in the case challenged testimony from a police officer about alleged gang membership, argued that many of the images relied upon by the prosecution did not in fact show gang affiliation and criticised the trial judges direction to the jury on the gang narrative.
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Commission chair Dame Vera Baird KC said the referral showed the need for safeguards to protect defendants from the risk of unfairness where a gang narrative is adopted too readily and based on inappropriate labelling. She added that other cases might benefit from guidance where there is a fear that stereotypes can be wrongly introduced as evidence.
Monteith is a member of Art Not Evidence, a campaign group that argues for restrictions on the use of art, particularly rap music, as evidence in criminal cases. Responding to the decision, he said that joint enterprise laws and gang narratives are overwhelmingly directed at young black men and reinforce harmful racial stereotypes which undermine trust in the justice system for racialised and marginalised communities.
Solicitor Darrell Ennis Gayle of Hodge Jones and Allen, who acts for Goodall and Walters, described the referral as a monumental moment of vindication for his clients and their families. He said they had fought tirelessly to highlight what they believe is a grave miscarriage of justice rooted in racism.
The report Accessing Injustice and other recent work on the Post Office scandal have already prompted wider discussion about how defendants experience representation. In this case, the commission decision turns on how gang narratives can shape the interpretation of evidence and the way juries view young defendants from minority communities.
The commission indicated that its concerns go beyond the three individual cases and extend to the way courts handle evidence that risks importing stereotypes. It said guidance on the use of such material may be needed to ensure that labels about gangs do not replace careful analysis of the facts.
A spokesperson for the Crown Prosecution Service said it will carefully consider its next steps in light of the referral. The Court of Appeal will now decide whether the convictions of Goodall, Walters and Wilson should be quashed or whether any further hearings are required.