Post by Richard Holland

The sentencing remarks of Mrs Justice Ellenbogen in the case of Mohammed Umar Khan, convicted of the murder of Harvey Willgoose, have been published on the Judiciary website and may be found here:   https://lnkd.in/edF24J7i   I was instructed on behalf of the defendant by Zahid Majeed of Ashmans Solicitors, and led by Gul Nawaz Hussain KC.   I think this has been one of the most challenging cases of my career, not simply from the shocking subject matter - the stabbing and killing of a 15 year old boy by another 15 year old at school - but also from the legal issues involved, including successfully persuading the Judge to leave loss of control to the Jury (who ultimately convicted on a majority verdict), and dealing with a highly motivated and professional media organisations who sought (successfully) to name Umar following his conviction.   The most challenging aspect though was attempting to reconcile the frightened boy I met 2 days after what happened to the crime he committed, on CCTV, in a packed courtyard in front of school children in what the Judge recognised was an action with little premeditation, in what was not a planned encounter, and against someone who used to be his friend.   The background of racist and other bullying from others during his childhood, and what 2 psychiatrists found to be significant adverse childhood experiences including neglect at home, has understandably perhaps not made the media reports, but provides some context and which was explicitly recognised by the Judge as relevant mitigation.   What has come across most clearly to me from the case though is this:   There is an epidemic amongst some young men that they must be seen as "hard" and that if they arm themselves with a knife, that will protect them from trouble or attack. Before leaving for school that day, armed with his hunting knife, Umar searched "dua [prayer] to keep safe".   By shortly after lunchtime, he was in a police cell, his life and those of Harvey’s family changed forever because of Umar’s choice to arm himself with a knife. As a society, we must find a way to stop these tragedies happening.