The family of a black boy who drowned in a Welsh river has called on the Crown Prosecution Service to take action against an older white boy after a coroner ruled he had deliberately pushed the younger teenager into the water.
Relatives of Christopher Kapessa said their four-and-a-half year campaign for justice had been vindicated by the assistant coroner David Regan’s conclusion that the 13-year-old was pushed into the river as a “dangerous prank”.
The CPS found in 2020 there was evidence to support a prosecution for manslaughter but decided it was not in the public interest to charge the suspect – who was 14 at the time, and can be named for the first time as Jayden Pugh – taking into consideration factors such as his age and his good character.
Christopher’s relatives and anti-racism campaigners say if a black child had pushed a white child into the river with fatal consequences, the CPS would have prosecuted. They have accused the CPS and South Wales police, who at first treated Christopher’s death as a pure accident, of institutional racism.
Speaking outside the coroner’s court in Pontypridd, south Wales, after the inquest, Christopher’s mother, Alina Joseph, said: “I am haunted by the injustice our family endured throughout the police investigation into Christopher’s death. From the outset they had made their decisions on what had happened to Christopher. They had a biased view of me as a black single mother living in the valleys.
“I was a victim of the institutional racist practices of South Wales police. I deserve better. Christopher deserves better. The decision not to prosecute despite sufficient evidence is something I wouldn’t wish on any mother or any family. The coroner’s conclusion has confirmed today what I have always suspected and now know was actually clear right from the beginning: Christopher was pushed to his death without any warning.”
She said she cherished the memories of her son. “Christopher will always be remembered for bringing immense joy and happiness to me and everyone he met. We only wish he was here now for us all to tell him how much we love him.”
He would have celebrated his 18th birthday this month. Joseph said: “I wonder every day what he would look like now and what he would have been doing. I know he would have been fulfilling his dreams and aspirations.”
Daniel Cooper, a solicitor with the law firm Imran Khan & Partners, who represents Joseph, said: “The coroner’s findings were clear and unambiguous: Christopher was deliberately and intentionally pushed in the back from behind. The push was capable of being an intentional, unlawful act that caused Christopher’s death.
“We believe [the CPS] has an obligation to review their decision. In our view the reasons for prosecuting have become more compelling. The suspect is now an adult as are many of the children.”
During the two-week inquest, four children said they saw Pugh push Christopher, who was not a good swimmer, from a ledge at a bridge over the River Cynon about 2.4 metres (8ft) above the water. Pugh, now 19, told the inquest that he “fell into” Christopher, accidentally causing him to fall.
In his closing submissions, Michael Mansfield KC, for Christopher’s family, argued that the coroner should conclude the boy had been unlawfully killed. But the coroner opted to return a narrative conclusion, arguing that this would give more clarity.
Regan said: “Christopher was deliberately pushed in the back from behind by Jayden Pugh using his hands.” He added that he was satisfied that Pugh realised there was a risk in what he did.
Though he expressed concern about racist abuse Christopher and his family had faced in Wales, the coroner found there was no evidence that his death was caused by a racially motivated attack.
Regan said Pugh had not been honest, pointing out that he initially claimed Christopher had slipped into the river before changing his story.
In his closing submissions, David Hughes, representing Pugh, claimed a false narrative had developed that his client was a “racist killer” and said his adolescence had been “overshadowed” by this.
He said, as a Welsh person, he felt “vicarious” shame at the racism Christopher’s family had suffered after arriving in the country from London in 2011. But he said: “The fight against racism is not advanced by making Jayden a scapegoat.”
The CPS insists there was no racism in its decision. Jenny Hopkins, chief crown prosecutor for CPS Cymru, said: “Each case is different and the CPS’s role is to make an independent assessment on whether to bring a prosecution, not to determine the innocence or guilt of a suspect.
“We have always made clear the reasons why our test was not met to charge anyone in connection with this heartbreaking case.” She said the decision not to prosecute was upheld as lawful at a judicial review.
Danny Richards, assistant chief constable at South Wales police, said the force made a referral to the Independent Office for Police Conduct (IOPC), which he said examined the force’s “initial response and investigation into the circumstances surrounding Christopher’s death.
“We hope that this independent scrutiny and the outcome of the inquest proceedings will give us a greater understanding of the issues which have been raised about this case.”
The IOPC said there were “some shortcomings” in the way the force dealt with Christopher’s family, adding: “In particular officers’ communication with them could have been better.”
It said one officer’s approach during a meeting in which the family voiced concerns about possible racism by the force was “ill-judged and insensitive, particularly taking into account the upset and distress the family were experiencing”. The IOPC recommended management action for the officer involved, with additional training on dealing with bereaved families, equality and diversity, and unconscious bias.
But the watchdog said it did not believe Christopher’s family were treated less favourably by the police because of their race.
