THE Appeal Court has overturned the convictions of five Erith boys found guilty of stoning a pensioner to death.
Ernest Norton, 67, a retired draughtsman, of Courtleet Drive, Erith, collapsed with a heart attack and died at Erith Leisure Centre in Avenue Road, Erith, after coming under a hail of missiles from a group of youngsters.
He had been playing cricket on a tennis court at the leisure centre with his son James, 17, while his wife Linda was exercising in the centre.
The boys, aged between 10 and 13 at the time of the attack in February, were sentenced to two years' detention at the Old Bailey in October, after being found guilty of manslaughter and violent disorder.
Yesterday three Appeal Court judges, Lord Justice Gage, Mr Justice Tudendhat and Judge Scott-Gall, quashed the boys' convictions for manslaughter and released them immmediately from detention.
The boys will remain on bail while their sentences for violent disorder are considered by a trial judge at the Old Bailey.
Lord Justice Gage said the reasons for their decision would be published at a later date.
Mr Norton had been hit by two large missiles thrown by the gang of up to 20 youngsters, fracturing his cheekbone and hitting his temple, before he collapsed and died in front of his wife and son.
The Old Bailey heard how Mr Norton had lived a healthy life despite undergoing triple heart bypass surgery in the 1970s.
At the Appeal Court the boys' barrister, Mark Wall QC, had argued the boys' convictions were unsafe because it could not be determined which, if any of the boys' alleged unlawful or dangerous actions had led to Mr Norton's fatal heart attack.
At their sentencing, Judge Warwick McKinnon had told the boys: "There is nothing to choose between any of you in terms of culpability for Mr Norton's death.
"No sentence can restore the human life which has been needlessly and senselessly lost by this mindless violence."
Mr Norton's widow, Linda, was said to be "very, very upset" at the Appeal Court's decision.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article