Man jailed for murder released from prison after change to the law of joint enterprise
A FORMER drug addict has become the first prisoner to be freed as a result of a change in the way joint enterprise killings are interpreted.
John Crilly was jailed for life for murder and robbery in 2005 after he and an associate, David Flynn, broke into the home of a pensioner in Manchester. Augustine Maduemezia, 71, died after Flynn punched him in the face.
Crilly was convicted with Flynn of murder under the law of joint enterprise, used when defendants did not strike the fatal blow but could have foreseen the violent acts of associates.
The law has been used in high-profile cases, including to convict members of the gang who murdered Stephen Lawrence. But two years ago, the Supreme Court ruled that judges had been interpreting it wrongly.
After the ruling, Crilly, who studied law in prison, made an appeal. He admitted manslaughter, his murder conviction was overturned and he was freed because of time served.
Crilly told the BBC: “I was lost in drugs. I totally accept what I did and it was wrong, but I’m not a murderer.”
Mr Maduemezia’s family said in a statement: “It was sickening to hear that he was walking away without completing his sentence for his part in the murder of our father. These rulings help to corrode and undermine public confidence in the justice system.”
The law was challenged in 2016 over the case of Ameen Jogee, who had been convicted of the 2011 murder of former Leicestershire police officer Paul Fyfe.
Jogee’s friend Mohammed Hirsi stabbed Mr Fyfe in the heart, but Jogee was jailed for life with him under joint enterprise after the court heard that he had “egged him on”.
Jogee argued at appeal that he was not in the house at the time and could not have foreseen what Hirsi intended. In the judgment, Lord Neuberger said it was wrong to treat “foresight” as a sufficient test for a murder conviction.
The Supreme Court set aside Jogee’s conviction but he was convicted of manslaughter and remained in jail.