The murder convictions of three young black men from Manchester have been referred to the Court of Appeal after the Criminal Cases Review Commission found new evidence undermines the prosecution's gang narrative that secured their convictions under controversial joint enterprise laws.
Case Review After Seven Years
Durrell Goodall, Reano Walters and Trey Wilson, who were aged 20, 19 and 19 respectively when convicted in 2017, will have their cases re-examined following Wednesday's announcement by the CCRC. The commission is still considering a similar application from a fourth man, Nathaniel "Jay" Williams, who was just 17 at the time of his conviction.
All four were prosecuted following the 2016 murder of 18-year-old Abdulwahab Hafidah in Moss Side, inner-city Manchester. While Devonte Cantrill, then 19, committed the fatal stabbing, seven defendants were convicted of murder and four of manslaughter under joint enterprise legislation.
Gang Narrative Challenged
Lawyers representing the men argued in their 2023 application to the CCRC that the "gang narrative" presented during trial relied on racist stereotypes of black boys and young men. They contended the convictions resulted from "institutional racism" within the police, prosecution and judiciary.
The prosecution case, presented by Greater Manchester Police and the Crown Prosecution Service, used a rap music video and selected images from defendants' mobile phones as evidence they belonged to a gang called AO, meaning Active Only. Trial judge Sir Peter Openshaw directed jurors they could infer gang "membership or allegiance" if a defendant had the rap video on their phone.
Joint Enterprise Controversy
Joint enterprise law holds all participants in a violent incident equally guilty if found to have intentionally "encouraged and assisted" the most serious violence, regardless of their individual actions. Allegations of gang membership often become crucial in establishing joint enterprise charges by suggesting common motive.
Multiple reviews and academic studies have found black boys and young men are disproportionately portrayed as gang members and subjected to joint enterprise prosecutions.
The Moss Side defendants were accused of being AO members who collectively killed Hafidah because he belonged to a rival gang and entered their territory. The rap video, featuring some defendants, was described during trial as a "gang video".
However, The Guardian revealed in 2021 that the video was recorded at a publicly-funded youth centre where GMP supported initiatives. Young people participated in activities including rap music creation as constructive pursuits.
No criminal activity like drug dealing was alleged against the AO gang, five of the eleven convicted had no criminal records, and Openshaw stated three other teenagers' minor convictions were irrelevant. Most were college students with good character references.
Institutional Racism Allegations
The CCRC application, submitted by Keir Monteith KC and Darrell Ennis-Gayle of Hodge Jones and Allen solicitors, argued "there was no violent criminal gang by the name of AO" and that institutional racism influenced what they called a "gross miscarriage of justice".
Lucy Powell, Labour deputy leader and MP for the constituency where Hafidah was killed, supported the CCRC application. She has repeatedly criticised joint enterprise prosecutions, stating gang narratives "seem to be more effectively deployed against young black men from places like Moss Side where underlying preconceptions and prejudices come into play".
The CCRC determined the new evidence and arguments "undermine the 'gang narrative' relied on by the prosecution at trial" and found "a real possibility the court of appeal will find the fresh evidence materially undermines the prosecution case".
Calls for Justice System Reform
CCRC chair Dame Vera Baird KC said: "This referral highlights the need for safeguards to protect defendants against the risk of unfairness from a too readily adopted gang narrative, based on inappropriate labelling. It is possible that other cases would benefit from guidance on this issue, where stereotypes can be wrongly introduced as evidence."
Monteith expressed hope the Court of Appeal would reach a decision by late 2025, stating: "The use of joint enterprise laws and gang narratives by the CPS has resulted in too many racist miscarriages of justice. These prosecution tactics overwhelmingly target young black men and reinforce harmful racial stereotypes."
Ennis-Gayle added: "The CCRC decision reflects what we've argued for five years: our clients were convicted because of their skin colour."
A CPS spokesperson responded: "We note today's CCRC referral and will carefully consider our next steps."
Mary Goodall, Durrell's mother, welcomed the development: "This is amazing news we've waited years for. There's still a long way to go for our boys to get justice and come home, but this is a step in the right direction: they are innocent."
