By James Simons-
A 15-year-old boy has been charged with the manslaughter of a Polish man Arkadiusz Jozwik, the Crown Prosecution Service has announced.
The boy cannot be named for legal reasons, but his identity is already known to the eye of media.com, as we have been assessing our own understanding of the case according to the limited knowledge we have of both the defendant and the victim of this case.
40-year-old Jozwik was attacked in Harlow, Essex, outside a row of take away shops in what was initially treated as a hate crime, though prosecutors say they are not treating it as a hate crime. The fact it is not being treated as a hate crime does not mean it was not a hate crime, nor does it mean it was.
All it means is prosecutors have no clear evidence to suggest it was a hate crime. Whether it was a hate crime or not can only be subjectively determined from the circumstances and cause of the attack, all of which will be clear when case commences next month.
The court will be mainly faced with the task of determining the guilt or innocence of the 15-year-old with respect the manslaughter of Jozwik
The attack which occurred on August 27- two months after the EU referendum- resulted in the police arrest of 5 other teenage boys subsequently released due to lack of evidence, despite the boys being present at the scene.
Jozwik was initially taken to the Princess Alexandra Hospital in Harlow but was later transferred to the specialist head injury hospital Addenbrooke’s, in Cambridge, where he eventually died.
Paul Scothern from the Crown Prosecution Service warned against posting information online that could prejudice the case against the 15-year-old.His warning has the potential of sounding like he is trying to protect the 15-year-old, though the positive interpretation is that he is avoiding that may act against the 15-year old’s fair and legal interest.
Sounds like the same thing, though not much in the way of reporting can prejudice a case against him which will be judged on the facts of the case.
“It is very important that there should be no reporting, commentary, or sharing of information online which could in any way prejudice these proceedings,” he said. “For these reasons, it would be inappropriate for me to comment further.
The eye of media.com has reported a number of times how out of control teenagers generally are and this can not bias the case against him, but is a simple fact known. Each case in law is treated on its merits and individual facts, and this case will be no different. The eye of media.com will have representatives at the court hearing in January and will report the finding.