Stoning death convictions quashed

Ernest Norton, 67, came under a hail of sticks and stones as he and his 17-year-old son James practised bowling together in February last year at Erith leisure centre in Kent. Two stones, one the size of half a brick, struck the father-of-two on the temple and fractured his cheekbone, and he collapsed to the ground with a heart attack.

Five boys, one of whom was just 10 at the time, were convicted at the Old Bailey of manslaughter and violent disorder in August. The youngest, now 12, and his brother, 13, as well as three other boys all aged 14 were given sentences in youth detention by Judge Warwick McKinnon on October 19.

But at the Court of Appeal in London the boys, who cannot be named for legal reasons, were present when their manslaughter convictions were quashed by Lord Justice Gage, Mr Justice Tugendhat and Judge Scott Gall.

At a hearing before the appeal judges Mark Wall QC, challenging the safety of the manslaughter convictions, argued that it could not be established which of the allegedly "unlawful or dangerous" actions, if any of them, had contributed to Mr Norton's heart attack.

At the end of legal argument, Lord Justice Gage announced that the court was allowing the appeals against conviction.

He ordered the release of all the boys on bail and remitted the question of their sentences for the violent disorder offences to the trial judge at the Old Bailey.

He said the Court of Appeal would give its reasons for quashing the manslaughter convictions at a later date, yet to be fixed.

He commented: "Whatever the result of the appeals, this was a real tragedy for the family and, on behalf of us all, I express our sincere sympathy to Mrs Norton and her family."

Mr Norton's widow, Linda, declined to comment as she left court. Detective Inspector Clive Heys, who led the investigation, said she was "very very upset" at the outcome. None of the family members would comment after the hearing.