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Richard Whelan |
Tragic bus death to go to a retrial
Deadlocked jury unable to reach a verdict
THE grieving loved ones of a man stabbed to death during a brawl on a bus will have to endure the ordeal of a second trial for his killer.
On Monday, after a retirement of more than six hours, jurors announced they were completely deadlocked and unable to agree, despite the judge inviting a majority verdict.
Over two weeks the jury panel of five women and seven men had been hearing evidence concerning the “tragically violent” death of popular Richard Whelan.
But the mental state at the time of Anthony Leon Joseph, who admitted carrying a knife, became the main feature of the trial. His defence lawyers tried to convince the court that the 22 year-old was mentally unbalanced when he stabbed Mr Whelan seven times, once through the heart, on the top deck of a 43 bus.
Joseph, unemployed, of Theseus Walk, Islington, admits manslaughter on the grounds of diminished responsibility.But he denies murdering 28 year-old Mr Whelan, of Gaisford Street, Kentish Town.
Mr Whelan had been enjoying a Friday night out with his girlfriend, legal secretary Kerry Barker, 38, on July 29, 2005, when she watched in horror as he collapsed dying on the bus in Holloway Road.
Joseph had been throwing chips from a paper bag at women passengers, including Miss Barker, and drew a knife when Mr Whelan went to the rear of the bus and asked him to stop.
The brief fight between them was captured by CCTV footage, which was played to jurors who saw the knife in his hand.
Joseph, described as “laughing” and “smirking” and with a “weird look on his face”, left the bus near Archway Station and fled. Arrested a week later he had another knife in his posession.
Defense psychiatrist Nigel Eastman argued that Joseph, after being assessed for months at Broadmoor, was found to suffer from a personality disorder and schizophrenia and was not the master of his own mind at the time of the killing.
But a prosecution witness, psychiatrist Paul Chesterman, said the evidence “did not indicate that at the time Joseph was in any way compromised by mental illness”.
Jonathan Turner, QC, prosecuting, said Joseph, who did not testify, may have been faking a mental condition.
The Crown Prosecution spokesman said: “The Crown Prosecution has decided to seek a retrial and the matter will be brought before the court on November 5. |
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