The devastated mum of teenage black boy found dead in a river has accused the Crown Prosecution Service and police of institutional racism over a failure to prosecute anyone in relation to her son's death.
Christopher Kapessa, 13, who could not swim, died in the River Cynon, near Fernhill, with South Wales Police initially concluding there were no suspicious circumstances.
However when the case was later taken on by the force’s major crime investigation team they discovered evidence that Christopher had been pushed in the water.
Christopher’s mum Alina Joseph told a press conference today they have been told by the CPS that there is sufficient evidence to support prosecuting another young boy for manslaughter but that they have decided not to prosecute, Wales Online reports.
She said the CPS wrote to her and told her the suspect is "mature and intelligent for his age" and had a "good school record", no convictions or cautions - but there was no public interest in prosecuting.
Ms Joseph said her son’s death on July 1, 2019, echoes the culture of institutional racism uncovered in the Stephen Lawrence murder case.
She said: “Our son was a joy to us and a light to the world and our hearts are heavy with both the pain and sadness of his loss each and every day.
“Critically my family were let down by institutions such as South Wales Police and the Crown Prosecution Service whose ethos is to serve and protect.
“They have failed me and they continue to fail black families as victims, witnesses and suspects across the country.
“We knew from day one that our son had not fallen into that river.”
Following her son’s death, Ms Joseph and her legal team raised questions over South Wales Police’s handling of the case which was subsequently handed to the force’s major investigation team and referred to the Independent Office for Police Conduct.
The IOPC enquiry is still ongoing.
Ms Joseph said she received a letter from the CPS on February 19, eight months after her son's death, informing her there was "sufficient evidence to support a charge of unlawful act of manslaughter".
But the family said the CPS told them they would not be proceeding with prosecution as the case did not meet requirements in the public interest.
The letter states: “We now know that at the time of Christopher’s death there was sufficient evidence that the initial conclusion arrived [at] by the police, a conclusion they had reached within literally hours of Christopher’s death, was fundamentally flawed."
Christopher's family say only four out of the 14 young people who they believe witnessed his death were initially interviewed by police.
Ms Joseph said she believed South Wales Police to be an "instituitionally racist organisation" and she hoped the IOPC would closely examine "inconsistencies and flaws" in their investigation.
"If it was a white child who had drowned while surrounded by 14 black youths I am sure the approach of both the police and CPS would be different," she said.
At the press conference, the family’s lawyer Hilary Brown read out part of a letter sent to Ms Joseph by the CPS.
It read: "There was clear evidence that the suspect pushed Christopher in the back with both hands causing him to fall into the river.
"That push was an unlawful act and it was clearly dangerous in that on an objective standard it created a danger of some harm."
Ms Brown said the family's legal team would be seeking a review of the decision taken by the CPS.
Human rights barrister Michael Mansfield QC has also been instructed to represent the family.
Hilary Brown said: “The decision of the CPS is disappointing in light of the fact that they confirmed that the evidential threshold was met for bringing a charge of manslaughter against a young man.
"Christopher’s family and their legal team are now vindicated for insisting that South Wales Police undertake a new and thorough investigation to establish the facts of how Christopher died and the truth is now out."
Shavanah Taj General Secretary of South Wales TUC said: “As a Welsh trade unionist and parent to black children I cannot stand by whilst the CPS and South Wales police refuse to act and rightfully serve justice to Christopher Kapessa's family, who lost their young teenage son in a tragic incident in South Wales last year.
“Twenty years on since the death of Stephen Lawrence we continue to witness real failings of the very systems that are designed to protect and serve justice indiscriminately.”
South Wales Police Chief Superintendent Dorian Lloyd said: "The family of Christopher Kapessa, who died following an incident in the River Cynon in July, 2019, were informed last week of a decision by the Crown Prosecution Service not to prosecute anyone in connection with his death.
"We are aware of the family’s concerns and whilst we cannot comment specifically in relation to previous complaints, as they have been referred to the Independent Office for Police Conduct, we do have confidence in the police investigation into the circumstances surrounding Christopher’s tragic death.
"A full file of evidence was submitted to the CPS by the South Wales Police Major Crime Investigation team after what was a very complex and challenging investigation.
"An incident room was set up by the team of dedicated detectives who went on to gather 170 statements and conduct 54 child interviews as they worked tirelessly to establish the facts and the events leading up to Christopher’s death.
"We note the decision of the CPS, and at this very difficult time, we recognise the pain and grief still endured by Christopher's family who lost their young boy in the most traumatic of circumstances.
"Our support for them continues as it has done throughout the investigation.
"The shock and the impact upon the local community must also be managed and we continue to work closely with support agencies to ensure the right help is in place for those who need it."
A CPS spokesman said: “Decisions on cases such as this are difficult but each must be judged on its own merit.
“As in every case both an evidential test and public interest test must be passed for a prosecution to take place.
“In coming to our decision careful consideration was given to the law regarding the prosecution of youths and the public interest test was not met.
“Our thoughts are with Christopher’s family. We have given them a full explanation of our decision-making in this tragic case.”
