Joint enterprise murder acquittal
Sonn Macmillan Walker acted for one of 6 defendants charged with murdering Christopher Foster on 29 November 2013 in an attack intended for an entirely different person. Mr Foster had been enjoying a quiet drink when a group of 7 males stormed past him. One person stabbed him as they ran past and Mr Foster was fatally wounded.
Our client was said by the prosecution to have been the spotter, or lookout, for the main group of attackers. The prosecution had to prove not only that he was indeed keeping an eye out for the intended target, but that our client knew that one of the group had a knife and intended to use it to cause really serious harm. Our client gave evidence to the effect that although he was looking out for a person, he thought that it was because one of the group intended to have a one-on-one fist fight with him. At no point did our client foresee the use of a weapon and nor did he envisage any harm more than actual bodily harm would be caused.
On the first day of trial Aytach Lisani pleaded guilty to murder. Other assailants pleaded guilty to conspiracy to commit grevious bodily harm. Our client maintained his position and the prosecution proceeded to trial, albeit now for the lesser offence of conspiracy to commit grevious bodily harm.
After 25 days in court our client was unanimously acquitted. David Bentley QC and David Kitson were his advocates and Tim Walker was his solicitor.
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