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Ben Michael Kinsella (27 October 1991 – 29 June 2008) was a 16-year-old student at
Holloway School Beacon High is a coeducational secondary school for 11-16-year-olds in the Tufnell Park area, located in the London Borough of Islington, England. Beacon High is a member of the Islington Futures Federation of Community Schools and the Islington ...
who was stabbed to death in an attack by three men in June 2008 in Islington. The significant media attention around his murder (the 17th stabbing death of a teenager in London during 2008) led to a series of anti-
knife crime Knife legislation is defined as the legislation, body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, ...
demonstrations, a raised profile for the government's anti-knife crime maxim "Operation Blunt 2" and a review of UK knife crime sentencing laws.


Life

Kinsella was born to cab driver George Kinsella and his wife Deborah, a school secretary. He has a half-brother, three half-sisters and a younger full sister. Like his older half-sister
Brooke Kinsella Brooke Kinsella (born 17 July 1983) is a British actress, author and anti-knife crime campaigner. A graduate of the Anna Scher Theatre School, Kinsella has been acting since childhood. She has had various roles on television and in film. Her mos ...
, who played Kelly Taylor in the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
soap opera A soap opera, or ''soap'' for short, is a typically long-running radio or television serial, frequently characterized by melodrama, ensemble casts, and sentimentality. The term "soap opera" originated from radio dramas originally being sponsored ...
'' EastEnders'' from 2001 to 2004, Kinsella had been involved in acting and he had a bit part as Tyrone Dooley in a 2004 episode of ''
The Bill ''The Bill'' is a British police procedural television series, first broadcast on ITV from 16 August 1983 until 31 August 2010. The programme originated from a one-off drama, '' Woodentop'', broadcast in August 1983. The programme focused o ...
''. He was a popular and academically gifted student. Friends spoke of his caring and comical nature, adding he was "full of energy" and that he was "the life and soul of his class". Before his death, Kinsella had become concerned about knife crime after being threatened whilst working part-time at Zebedee's Cafe in Islington, where he prevented the theft of a mountain bike. He wrote a letter to the UK's Prime Minister
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 to 2010. He previously served as Chancellor of the Exchequer in Tony B ...
as part of his English GCSE coursework, urging him to stamp out knife crime and suggesting parenting classes,
curfew A curfew is a government order specifying a time during which certain regulations apply. Typically, curfews order all people affected by them to ''not'' be in public places or on roads within a certain time frame, typically in the evening and ...
s and
youth club A youth center or youth centre, often called youth club, is a place where young people can meet and participate in a variety of activities, for example table football, association football (US soccer, UK football), basketball, table tennis, vi ...
s as possible solutions. The letter was later forwarded to Brown by his family. He had also written a creative writing piece in which he imagined his own death from stabbing. In August 2008, it was reported that he had passed all of his GCSEs, receiving two grade A*, three As, four Bs and one C. As an aspiring graphic designer, Kinsella had also produced a design of the letter "K" that later became a symbol against knife violence and the logo o
the Ben Kinsella Trust


Attack

On 28 June 2008, Kinsella was out celebrating the end of his GCSE exams with friends in Shillibeers Brasserie Bar (now called 'The Depot N7'), North Road, London. During this time, an altercation broke out between his friend Alfie and a man named Osman Ozdemir over the phrase "What are you looking at?" Having been separated by a door supervisor, a friend of Ozdemir, Jade Braithwaite, was heard saying phrases including "Tell your boy if he wants trouble, I've got my tool on me and it will open you up", "I'll stab people up", "If you want it, I'll give it to you" and "Don't you know who I am?". Braithwaite was also said to be frequently motioning to the inside of his jeans as if he had a weapon. The altercation between Alfie and Ozdemir went outside the bar, where Ozdemir and another of Braithwaite's friends were glassed. Braithwaite and his friends subsequently fled the scene. Shortly before 2:00a.m. on 29 June, Kinsella and his friends decided to return home. When they noticed they were being followed his friends began to run. Kinsella however did not, it is thought because he knew he had nothing to do with the earlier disturbance. He then crossed over the road in order to distance himself. He was then jointly cornered between two white vans by Braithwaite, Michael Alleyne and Juress Kika. As the three closed in on him he was heard pleading, "What are you coming over to me for? I haven't done anything." Moments later, Kinsella was kicked and punched to the ground, receiving 11 stab wounds to the chest and back in a period witnesses testified to be only a 5-second duration. Two wounds entered his lungs (causing his lung to collapse) and another inflicted with such force that it went straight through his third rib, splitting it, before entering the top of his heart. His
pulmonary artery A pulmonary artery is an artery in the pulmonary circulation that carries deoxygenated blood from the right side of the heart to the lungs. The largest pulmonary artery is the ''main pulmonary artery'' or ''pulmonary trunk'' from the heart, and ...
had also been punctured and some of his wounds were nearly seven inches deep. His hands also suffered stab wounds, indicating that he tried to fend off the knives. CCTV footage showed Kinsella stagger from the scene where he was supported by his friend Louis, the son of '' Birds of a Feather'' actress
Linda Robson Linda Patricia Mary Dunford ( Robson; born 13 March 1958) is an English actress and television presenter. She is best known for playing Tracey Stubbs in the sitcom '' Birds of a Feather'' (1989–1998, 2014–2020) and her appearances as a weekl ...
. Kinsella was pronounced dead at 07:24 as a result of blood loss from the numerous stab wounds.


Demonstrations

After Kinsella's murder, an estimated 400 teenagers joined a demonstration to highlight concerns over the UK's growing
knife crime Knife legislation is defined as the legislation, body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, ...
culture. 16-year-old Brooke Dunford organised the event via
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin Mosk ...
; they marched from
Islington Town Hall Islington Town Hall is a municipal facility in Upper Street, Islington, London. The town hall, which is the headquarters for Islington London Borough Council, is a Grade II listed building. History The building was commissioned to replace the ...
to the site of Kinsella's murder at the junction of North Road and York Way, passing by Shillibeers nightclub in silence. The crowd were heard chanting "What are we here for? Ben. Why are we here? No knives." Kinsella's funeral was attended by around 1000 mourners including public figures such as
Michelle Ryan Michelle Claire Ryan (born 22 April 1984) is an English actress. She played Zoe Slater on the BBC soap opera '' EastEnders'' (2000–2005). In 2007, she starred in the short-lived American television series ''Bionic Woman''. She appeared as th ...
,
Gillian Taylforth Gillian Taylforth (born 14 August 1955) is an English actress. She is best known for her role as Kathy Beale on the BBC soap opera ''EastEnders'', and has also appeared as Jackie Pascoe, Jackie Pascoe/Webb on ITV Network, ITV's ''Footballers' Wi ...
and
James Alexandrou James Alekos Alexandrou (born 12 April 1985) is an English actor and filmmaker. He is known for portraying the role of Martin Fowler in the BBC One soap opera ''EastEnders'' from 1996 to 2007. He was also the presenter of ''Bizarre Crime'' on B ...
. The Kinsella family made numerous media appearances campaigning against knives an
set up the Ben Kinsella Trust in memory of Ben
to raise awareness of the effects of knife crime.


Murderers

The three men accused and later convicted of Kinsella's murder were:


Jade Darrell Braithwaite

Braithwaite of
Bow, London Bow () is an area of East London within the London Borough of Tower Hamlets. It is primarily a built-up and mostly residential area and is east of Charing Cross. It was in the traditional county of Middlesex but became part of the County o ...
, was aged 19 at the time of Kinsella's murder and 20 at the time of sentencing. With a height of 6'6", Braithwaite had hoped to become a professional
goalkeeper In many team sports which involve scoring goals, the goalkeeper (sometimes termed goaltender, netminder, GK, goalie or keeper) is a designated player charged with directly preventing the opposing team from scoring by blocking or intercepting o ...
and played in an Islington youth league until its closure when he was 14. He had also worked as a coach at a local leisure centre. Prior to the murder, Braithwaite had a reprimand for possession of
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
and was convicted of attempted theft of a laptop computer from a fellow teenager. He was given a one-year detention and training order in 2006 but during 2007 his sentence was cut on appeal to
community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...
.


Michael Leroy Alleyne

Alleyne, of Islington, London, was aged 18 both at the time of Kinsella's murder and at the time of sentencing. He had been released three months earlier from a young offender institution and was under the supervision of the council's youth offending team at the time of the murder. Alleyne had a criminal record including
shoplifting Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
, robbery, motor vehicle theft and drug dealing of crack cocaine and heroin. Alleyne's
electronic tag Electronic tagging is a form of surveillance that uses an electronic device affixed to a person. In some jurisdictions, an electronic tag fitted above the ankle is used for people as part of their bail or probation conditions. It is also used i ...
was removed just weeks prior to the attack. He had also previously been in custody for robbery of a mobile phone. He was also known to "terrorise"
council estate Public housing in the United Kingdom, also known as council estates, council housing, or social housing, provided the majority of rented accommodation until 2011 when the number of households in private rental housing surpassed the number in so ...
tenants with his two
Staffordshire Bull Terrier The Staffordshire Bull Terrier, also called the Staffy or Stafford, is a purebred dog of small to medium size in the terrier group that originated in the northern parts of Birmingham and in the Black Country of Staffordshire, for which it is ...
s. Alleyne is also alleged to have pulled a gun on a young member of his own gang.


Juress Kika

Kika of Islington, London, was aged 18 at the time of Kinsella's murder and 19 at the time of sentencing by which time he had become a father. He was the son of a minicab driver and was mostly raised by his mother. He was first cautioned aged 11; the same year he stabbed 14-year-old Robert Parker in the back with a 3-inch blade before calmly walking away, although he was not prosecuted because of his age. Kika was on the run from police for a stabbing and robbery incident over a drugs argument nine days prior to the murder. He had also received convictions for robbery, affray and obstructing a constable. Each was unemployed at the time of the murder and all have been alleged to have been involved in the same drug-dealing group named the Market Massiv'. A journalist investigating the group claimed Alleyne to be the gang's leader, with Braithwaite as an
enforcer Enforcer or enforcers may refer to: Arts, entertainment and media Comics * Enforcer (comics), a Marvel Comics character * Enforcers (comics), a Marvel Comics team * New Enforcers, another Marvel Comics team Film and television * ''The Enforcer ...
and Kika as a
foot soldier Infantry is a military specialization which engages in ground combat on foot. Infantry generally consists of light infantry, mountain infantry, motorized infantry & mechanized infantry, airborne infantry, air assault infantry, and marin ...
. It is also claimed that the gang set up dogfights to gamble on. Conflicts also existed between them and another gang, which had pistol-whipped Alleyne.


Evidence

The prosecution amassed a large amount of evidence that was used during the 7-week trial.


Witnesses, forensics and apprehension

All three defendants were witnessed running together at Kinsella prior to the murder and later standing together shortly afterwards. Alleyne and Kika were then seen going to Alleyne's father's flat. This flat was raided by police shortly afterwards, but Alleyne and Kika had already walked through a police cordon and fled to Alleyne's cousin's flat in
Chadwell Heath Chadwell Heath is an area in east London, England. It is situated on the boundary of the London Borough of Barking and Dagenham and the London Borough of Redbridge, around west of Romford and east of Ilford, and north-east of Charing Cross. ...
where they were apprehended after running along rooftops. Alleyne's father had originally indicated that Alleyne and Kika returned to the flat around 2:30a.m., but changed his statement six months later, claiming it was confused due to an injury he received during the raid itself. When giving testimony, Alleyne's father admitted that his son had said to him, "If it hadn't been for you, I wouldn't be in this mess". Several of Kinsella's friends also testified about Braithwaite's activities in Shillibeers nightclub. Alleyne's cousin Kellie later claimed that Alleyne and Kika had confessed the murder to her. The police never found the murder weapon or weapons involved. However, 72 spots of Kinsella's blood were later identified on a pair of Alleyne's jeans that he handed to his sister to dispose of, and traces were also found on Kika's belt. No forensic evidence was found in relation to Braithwaite; however, police found some of his clothes had been washed in bleach. After handing himself in to the police, Braithwaite first claimed that he did not know either Alleyne or Kika. Later he claimed he had seen Alleyne stab Kinsella but he had not been involved himself. He stated that Alleyne had a reputation for using weapons and was concerned about the impact that telling the police would have upon his family. Both Alleyne and Kika answered "no comment" to all questions asked during their police interviews.


Letter from Alleyne to Kellie

Aware that his cousin Kellie was going to give evidence against him, Alleyne wrote a threatening letter to her from jail, reading: This letter subsequently became a major part of the Crown's case against Alleyne.


Covert tape

Police obtained a licence to record Braithwaite, Alleyne and Kika in the back of a police van, where they were able to establish that the three knew each other. Braithwaite is heard on the tape trying to bribe the others to say he was not there and also revealed on the tape that the
Clerkenwell crime syndicate The Clerkenwell Crime Syndicate, also known as the Adams Family or the A-Team, is a criminal organisation, allegedly one of the most powerful in the United Kingdom. Media reports have credited them with wealth of up to £200 million. Backgroun ...
, better known as the Adams family, had made threats against Kinsella's murderers, indicating that each was a "marked man". Kika was heard discussing getting a "teardrop" (alleged to be referring to a
teardrop tattoo The teardrop tattoo or tear tattoo is a symbolic tattoo of a tear that is placed underneath the eye. The teardrop is one of the most widely recognised prison tattoos and has various meanings. It can signify that the wearer has spent time in pr ...
to mark him as having been involved in a murder) and discussing "fixing" the person who records the CCTV for the area. Kika is also heard saying "See when it happened yeah it was kinda like a quick ting ic/nowiki> like boom, went down the road, come back up, boom, finished. You get what I'm saying?" – apparently in relation to the murder itself. Additionally, Alleyne was heard on the tape discussing disposing of evidence.


Trial

On 13 October 2008 all three defendants pleaded not guilty to the charge of murder. A 7-week trial began at the Old Bailey on 27 April 2009. The judge was the
Common Serjeant of London The Common Serjeant of London (full title The Serjeant-at-Law in the Common Hall) is an ancient British legal office, first recorded in 1291, and is the second most senior permanent judge of the Central Criminal Court after the Recorder of Lon ...
,
Brian Barker Brian (sometimes spelled Bryan in English) is a male given name of Irish and Breton origin, as well as a surname of Occitan origin. It is common in the English-speaking world. It is possible that the name is derived from an Old Celtic word m ...
, QC. The
Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advi ...
was represented by
Nicholas Hilliard Nicholas Hilliard () was an English goldsmith and limner best known for his portrait miniatures of members of the courts of Elizabeth I and James I of England. He mostly painted small oval miniatures, but also some larger cabinet miniatures, ...
, QC and Duncan Penny. Braithwaite was represented by Orlando Pownall, QC and Nerida Hartford-Bell. Alleyne was represented by Sallie Bennett-Jenkins, QC and Z. Ahmed. Kika was represented by Diana Ellis, QC and James Nichol. During the course of the trial, both Braithwaite and Alleyne took the witness stand. Braithwaite claimed that Kinsella had thrown a punch at him, although there was no supporting evidence for this. After this, Braithwaite claimed he saw Alleyne carry out the murder. Braithwaite also claimed that a friend of Alleyne had punched him in the cells of the Old Bailey whilst he was handcuffed to a wall. Alleyne claimed that he had been contacted by Braithwaite and asked to back him following the dispute at Shillibeers, although no phone records identified a call between Braithwaite and Alleyne prior to the attack. Kika exercised his
right to silence The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
and did not take the witness stand.


Verdict

Having retired to consider their verdict on 9 June, the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...
returned on 11 June with a unanimous verdict of guilty in relation to all three defendants. The victim's mother, Deborah Kinsella, then read out a
victim impact statement A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings. Overview One ...
in court following the verdict.


Sentencing

As a result of the murder of Westley Odger on 12 September 2005, his mother, Ann Oakes Odger, began a campaign to bring knife crime in line with gun crime. This resulted in a new 25-year knife murder tariff through the Schedule 21 Review of the Criminal Justice Act 2003 which was relevant to the sentencing in this case. At the Old Bailey on 12 June 2009, Judge Brian Barker QC sentenced Braithwaite, Alleyne and Kika each to life imprisonment with a
minimum term Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
of 19 years. Passing sentence, the judge described the attack on Kinsella as "brutal, cowardly and totally unjustified", adding that "your blind and heartless anger that night defies belief." He continued, saying that there was "no possible excuse" for such an "arrogant and unfeeling attack on someone who had done nothing". He also condemned them for picking on "an obviously younger and smaller lone victim" and for their total lack of remorse. The defendants were jeered at by members of the public in the public gallery. Kika and Alleyne gestured back at the gallery as if they were firing guns. Angry scenes also took place between the victim's and defendants' families after one of the accused's mothers spat on Kinsella's cousin Sam whilst shouting "I love you, baby." Another person connected to one of the accused attempted to kick one of Kinsella's friends in the head.


Aftermath

After the trial, the Kinsella family called for stronger sentences for knife crimes. Kinsella's father was quoted as saying "If you murder someone with a gun, the starting tariff is 30 years. But if you do it with a knife, it's 15 years." The UK's
Secretary of State for Justice The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
,
Jack Straw John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
agreed to carry out a review of knife crime sentencing laws shortly afterwards. The Kinsella family said that to them, "life should mean life," although it is not possible in English law to give a
whole life tariff In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for early release after a minimum term set by the judge. In exceptional cases, however, a j ...
to murderers under the age of 21. A review of the sentencing by the
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney G ...
, Baroness Scotland determined that the sentencing would not be referred to the Court of Appeal as "unduly lenient". A 50 minute documentary titled ''My Brother Ben: Brooke Kinsella's Story'' was aired on
BBC One BBC One is a British free-to-air public broadcast television network owned and operated by the BBC. It is the corporation's flagship network and is known for broadcasting mainstream programming, which includes BBC News television bulletins, ...
on 16 June 2009. It followed Brooke Kinsella's investigation of the underlying causes of knife crime during the period from her brother's death to the end of the court case. Brooke also travelled to New York to see prisons using
short, sharp shock The phrase "short, sharp shock" means "a punishment that is ... severe but only lasts for a short time". It is an example of alliteration. Although the phrase originated earlier, it was popularised in Gilbert and Sullivan's 1885 comic opera ''The ...
treatments to rehabilitate young offenders. The documentary also points out the success of Operation Blunt 2, which carried out over 290,000 stop and searches, leading to over 10,000 arrests and the confiscation of over 5,500 knives within the timeline of the documentary. A book by Brooke Kinsella, entitled ''Why Ben?: A Sister's Story of Heartbreak and Love for the Brother She Lost'' was released on 3 September 2009.


Appeal

On 28 June 2009, it was reported that all three killers were set to appeal against their sentences stating the tariff was "too harsh". They claimed the publicity surrounding the case was a factor in their sentences. On 13 November 2009, Juress Kika lost his appeal to challenge his 19 year sentence. He argued his sentence was "manifestly excessive"; however, the Lord Judge (Baron Judge), Mr Justice Penry-Davey and Mr Justice Henriques rejected this statement saying that the term could not "remotely" be described as excessive. They concluded that "there is no true mitigation. There was no guilty plea, no remorse, and no insight into the devastation that had been caused". They accepted that the applicant was young when the murder was committed but added that Kika "knew exactly what he was doing. They all did. They were all equally involved. They all intended to kill the young victim. They had hunted him down and mercilessly done him to death to revenge an insignificant slight for which he bore no responsibility whatsoever."AM & Ors, R v
009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight 9 * ...
EWCA Crim 2544 (13 November 2009)


Change in sentencing law

After agreeing on request by the Kinsella family and due to the public outrage surrounding the case, Justice Secretary Jack Straw announced the minimum tariff for murders committed with a knife would rise from 15 to 25 years, and this happened in 2010. This new development was being called "Ben's Law" and Ben's father George hoped that the new law would act as a deterrent to anyone thinking of carrying a knife.


References


Further reading

* Brooke Kinsella, ''Why Ben?: A Sister's Story of Heartbreak and Love for the Brother She Lost'', (Pocket Books, 2009)


External links

*
Operation Blunt 2Official CPS statement
{{DEFAULTSORT:Kinsella, Ben History of the London Borough of Islington Incidents of violence against boys June 2008 crimes 2000s murders in London 2008 in London Deaths by person in London Murder in London 2008 murders in the United Kingdom Deaths by stabbing in London