Damilola killer claims blunders by police made trial unfair

Danny Preddie, now 18, claims police blunders ensured he did not get a fair trial at the Old Bailey over the death of the 10-year-old in Peckham.

Damilola bled to death after being stabbed with a shard of glass on his way home from school in November 2000. He staggered to a stairwell in a nearby block of flats before collapsing.

The original police investigation failed after detectives placed their trust in the evidence of a young girl known only as Bromley who proved to be unreliable.

As a result the four youths originally charged with Damilola's death were cleared at a first trial in April 2002.

After a second police investigation Danny Preddie and his older brother Ricky, who is now 19, faced the first of two trials in January last year when they were cleared of murder and assault with intent to rob, but the jury failed to reach a verdict on the manslaughter charge.

In the retrial they were both convicted of manslaughter.

Today defence counsel Orlando Pownall QC told Lord Justice Latham, sitting with Mr Justice Pitchford and Mr Justice Royce, that Danny Preddie should not have been convicted because of delay in bringing the prosecution, abuse of the court process and the use of evidence which should have been ruled inadmissible.

He said Damilola's blood had been discovered on Danny's trainer and Ricky's sweatshirt but only after forensic scientists had missed this apparently crucial evidence.

He said police blunders were responsible for the evidence being missed at the first trial and it was only found after a second police inquiry sent all the forensic evidence back to the labs to be re-examined.

Mr Pownall said it was no fault of Danny Preddie that it was missed because the Crown had the information at that time and it was "the fault of the police".

He claimed it was unfair to try Danny for the offence last year because he was at a serious disadvantage which was incapable of being remedied.

Mr Pownall also claimed the evidence produced at the second trial of the brothers was "wholly unreliable" and criticised the summing up of the second trial judge, Mr Justice Goldring, for allegedly failing to give proper guidance to the jury.

He said: "On a careful analysis of Mr Justice Goldring's summing up, there was an absence of clear, fair, and firm direction to the jury as to the risk of prejudice and disadvantage that the delay caused to the presentation of Danny Preddie's defence."

Danny Preddie is appealing as well against the eight-year sentence imposed last August.

Ricky Preddie is also appealing but only against his sentence of eight years in a young offender institute.

However, if his younger brother succeeds in his appeal against conviction Ricky may then also apply for freedom on the grounds that his guilty verdict must also have been unsafe.

The hearing continues.