Murderers of Stephen Lawrence and Garry Newlove jailed under same law

The widow of a murdered former policeman today slammed an 'absolutely disgusting' Supreme Court decision to grant one of her husband's killers a shock appeal.

Tracey Fyfe, 53, says she is 'terrified' Ameen Jogee, 24, could be released from prison where he is serving a life sentence for murdering Paul Fyfe, 47, with his friend Mohammed Hirsi in 2011.

Drug dealer Jogee told Hirsi to stab the father-of-three through the heart and was convicted of murder using 'joint enterprise' law, which demands the accomplice is treated the same as the killer.

But today the Supreme Court - Britain's highest court - ruled 'joint enterprise' has been wrongly interpreted for more than 30 years and granted Jogee the chance to appeal his conviction.

More than 500 killers could seek to have their sentences quashed and the winning legal team said it is 'inevitable' many will now 'test the correctness of a number of historic convictions'.

Mrs Fyfe said: 'This decision is absolutely disgusting. Criminals like Ameen Jogee would literally be getting away with murder.

Heartbroken: Tracey Fyfe, pictured today with daughter Jessica Fyfe, 20, who now fears a Supreme Court ruling could see her husband Paul's killer freed from his life sentence

Landmark case: Ameen Jogee, left, was convicted of murdering a former policeman with Mohammed Hirsi, right, but today judges ruled 'joint enterprise' was wrongly applied and could see 500 murderers appeal

Tragedy: The family of Paul Fyfe, pictured with his widow Tracey, say that his killer Jogee will 'get away with murder' if he is released

'He is from the same city as myself and my family. It terrifies me that he could one day walk past myself and my daughters in the street.

Murder: Paul Fyfe, pictured a year before he died in 2011, was stabbed in the heard by Hirsi with Jogee, a drug dealer, egging him on from the doorstep

'If Ameen Jogee hadn't been there that night neither would Hirsi. Ameen Jogee was using Hirsi as a weapon'.

And the mother of a boy brutally murdered by a gang in Victoria Station convicted using joint enterprise has also described the Supreme Court ruling as 'devastating'.

Naima Ghailan, whose son Sofyen Belamouadden was stabbed to death aged 15 by a 20-strong gang in front of horrified commuters in March 2010, says the ruling is wrong.

Ms Ghailan broke down in tears on hearing the news and said: 'This makes it even worse. Imagine how the people who lost their loved ones feel like after this. It is devastating news.

'I don't think the law is strong enough in this country'.

Supreme Court president Lord Neuberger said today those who foresaw murder or egged on the killer are not automatically guilty of the same crime as directed by the law in 1984.

Anti-joint enterprise campaigners say it is 'a major turning point in British justice' and believe 650 jailed criminals, including some of our most notorious killers, could have convictions quashed.

'Joint enterprise' was used to convict the killers of Stephen Lawrence and Garry Newlove and 500 others in the past decade alone - and many could now try to appeal.

The recent case of case of Shauna Hoare, convicted with her boyfriend Nathan Matthews of killing Bristol teenager Becky Watts, could also be affected by the ruling.

She claims she knew Matthews wanted to kidnap Becky to have sex with her but was not with him when he throttled her, although she was in the house.

The law has been used to put people behind bars when people either ordered or encouraged murder - or when police were unsure exactly who struck the fatal blow in a gang attack or melee.

Giving them hope, Lord Neuberger said in a ruling this morning that the law took a 'wrong turn' back in 1984 when 'joint enterprise' was first used.

Upset: Naima Ghailan, whose son Sofyen Belamouadden was stabbed to death aged 15 by a 20-strong gang at Victoria in 2010, said today's ruling was 'devastating' for her and the family of other murder victims

Hope for the 'joint enterprise' killers: (Pictured top left to bottom right: Gary Dobson and David Norris, who were both convicted for the murder of Stephen Lawrence, Samantha Joseph, who acted as a honeytrap to lure in her victim, Shauna Hoare, who was convicted of manslaughter after her boyfriend killed Becky Watts, Stephen Sorton, Jordan Cunliffe and Adam Swellings, who were all jailed for life in January 2008 for the murder of Garry Newlove, and Donald Pemberton, who was involved in a fatal axe attack on New Year's Day last year, could try to appeal their convictions after today's ruling

Supreme Court justices said prosecutors, judges and jurors now had to take a different approach when dealing with defendants accused of being involved in joint enterprise crimes.

They said it was not right that someone should be guilty merely because they foresaw that a co-accused might commit a crime.

WHAT IS JOINT ENTERPRISE? Joint enterprise law was used to convict David Norris and Gary Dobson of killing black teenager Stephen Lawrence. In another well-known case three teenagers, Adam Swellings, Stephen Sorton and Jordan Cunliffe were jailed for life in January 2008 for the murder of Garry Newlove. Mr Newlove was attacked in front of his daughters in August 2007 after he confronted a group outside his house in Warrington, Cheshire. The law allows for several people to be convicted of the same offence, even if they played different roles. It can be used to prosecute all crimes but has recently been mainly used in murder cases. The law means that a gang involved in a fatal attack, who could be standing by encouraging others, can be convicted of murder even if they do not land the fatal blow or kick. Between 2005 and 2013 there were 4,590 prosecutions for murder with two or more defendants, according to a report by the Bureau of Investigative Journalism. In the same period, 1,853 people were prosecuted for homicides when the charge involved four or more defendants Prosecutors say the law is only used for people who participate in a crime while others have raised concerns about the danger of injustice. Advertisement

The panel said jurors should view 'foresight' only as evidence to be taken into account, not as proof of their guilt - and said prosecutors must also work harder to prove intent, they said.

Lord Neuberger said: 'The court is satisfied after a much fuller review of the law than in the earlier cases, that the courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right'.

But it has struck fear into the families of many victims who now fear that their loved one's killers could seek to appeal their conviction following the case.

Lord Neuberger, President of the Supreme Court, did say the court's decision 'does not make previous convictions unsafe.'

But the judgment, delivered at a hearing in London on Thursday, could lead to hundreds of people convicted under the law launching appeals.

Campaign group Jengba - the Joint Enterprise Not Guilty by Association - hailed the ruling and said it could unlock appeals in 650 other cases.

A senior legal source told MailOnline that many appeals could fail if they were not 'convicted on the basis of foresight alone'.

Sandra Paul, a solicitor from law firm Kingsley Napley, said the ruling related to a specific facet of the law on joint enterprise and the public should not assume that every case they had read of involving joint enterprise would be affected or result in appeals.

She said: 'It relates to cases where people start out doing one thing and then someone does something else. It relates to people foreseeing what someone else will do.

'There are other kinds of joint enterprise cases which this will not affect. The Lawrence case, for example. From what I know of that, this ruling will not affect it. It may be that a lawyer will be asked for advice. But I don't think this ruling would affect it.'

But other lawyers believe today's ruling gives hope to killers who may now try to appeal on the basis the situation was 'beyond their control'.

Doughty Street Chambers, who helped win today's case, said the Supreme Court claims 'it has not opened the floodgates' but said 'the judgment therefore offers potential hope to many who have already been convicted under joint enterprise'.

A spokesman added: 'It seems inevitable, then, that the Court of Appeal (Criminal Division) will soon have to test the correctness of a number of historic convictions'.

Other lawyers admit there will be ramifications in hundreds of cases. A spokesman for Garden Court Chambers in London said: 'The issue now will be how this affects those convicted of serious offences under the doctrine of joint enterprise. It will provide hope to many who have been convicted of serious offences in circumstances where they found themselves caught up in dangerous situations which were beyond their control'.

Ruling: Lord Neuberger said in a ruling this morning that the law took a 'wrong turn' back in 1984

Campaigner Deborah Madden said: 'This is a major turning point in British justice.

'The joint enterprise rule has been used to get mass convictions without evidence. It has caused devastation for families.'

She added: 'We know of 650 people who we think will be affected by the ruling - and we don't know everyone.'

Janet Cunliffe, whose son Jordan received a life sentence for his role in the 2007 murder of Garry Newlove in Warrington, said the ruling meant the law 'will not convict innocent people any more'.

Mrs Cunliffe has campaigned to have the law changed since Jordan was ordered to serve at least 12 years for the fatal alcohol-fuelled attack on father-of-three Mr Newlove, 47.

Francis FitzGibbon QC, of Doughty Street Chambers, said: 'This decision marks a sea change in a highly controversial area of law. It corrects a historic mistake in the law of joint enterprise, which until now had exposed people to being found guilty of the most serious offences on the weakest legal basis.'

In Jogee's case a panel of five Supreme Court justices analysed the issue of joint enterprise at a hearing in London in October when considering an appeal by a man who was convicted of murder after egging on a friend to stab a former policeman.

This is a major turning point in British justice. We know of 650 people who we think will be affected by the ruling - and we don't know everyone Anti-joint enterprise campaigner Deborah Madden

Ameen Jogee and Mohammed Hirsi, both in their 20s, were given life sentences at Nottingham Crown Court in March 2012 after being convicted of Paul Fyfe's murder.

Jurors heard that Hirsi stabbed Mr Fyfe at a house in Leicester in June 2011 while being egged on by Jogee.

A judge imposed a minimum 22-year term on Hirsi, who lived in Leicester, and a minimum of 20 years on Jogee, who was of no fixed address.

Jogee's minimum term was cut to 18 years by the Court of Appeal.

Today Jogee's solicitor, Sandeep Kaushal, said he also thought that around 600 cases could be affected.

He said Jogee could be retried for murder or sentenced on the lesser charge of manslaughter.

The Supreme Court has now allowed Jogee's appeal against conviction but he will stay in prison while lawyers decide whether he should be retried.

Hundreds of convicted criminals including murderers could walk free after the Supreme Court ruled the law of 'joint enterprise' has been wrong interpreted by judges for 30 years. Above, London's Supreme Court

Killer of Becky Watts, thugs who kicked Garry Newlove to death on his doorstep and the duo who murdered Stephen Lawrence: All could appeal after Supreme Court ruling

The joint enterprise law has been used to convict and hand down long sentences in several high-profile cases.

Dozens of people, including those involved in the deaths of Stephen Lawrence, father-of-three Garry Newlove and Pc Neil Doyle, have been put behind bars because of the law.

Today's decision does not immediately mean those convicted under joint enterprise will be freed - many cases did not depend on the point of law which was overturned today.

But it does open the possibility for future retrials and appeals. The most prominent joint enterprise cases are below.

THE THREE TEENAGERS WHO MURDERED GARRY NEWLOVE

Adam Swellings, Stephen Sorton and Jordan Cunliffe were all jailed for life in January 2008 for the murder of Mr Newlove, who was kicked to death after he confronted a group outside his house in Warrington, Cheshire.

Cunliffe's mother Janet always claimed that although her son was at the scene he did not take part in the 2007 attack.

But the teenagers were all convicted as it could not be determined who delivered the fatal blow as the father-of-three's head was 'kicked like a football'.

Stephen Sorton (left), Jordan Cunliffe (centre) and Adam Swellings (right) were all jailed for life in January 2008 for the murder of Garry Newlove, who was kicked to death after he confronted a group outside his house in Warrington, Cheshire

Mr Newlove, centre, pictured with his three daughters (left to right), Amy, Zoe and Danielle, and his wife Helen

STEPHEN LAWRENCE'S MURDERERS: THE DUO WHO LEFT THEIR DNA

David Norris and Gary Dobson were both convicted under joint enterprise for the murder of Stephen Lawrence.

Mr Lawrence was stabbed to death in a racially-motivated attack while he waited at a bus stop with his friend Duwayne Brooks on April 22, 1993. He was aged just 18 at the time.

A letter including the names of potential suspects was left in a telephone box the day after the murder and police subsequently arrested five people, including Norris and Dobson. The other men were Neil and Jamie Acourt, and Luke Knight.

David Norris (left) and Gary Dobson (right) were both convicted under joint enterprise for the murder of Stephen Lawrence

The Crown Prosecution Service dropped charges later in the year after claiming ID evidence given by Mr Brooks was unreliable.

A private prosecution was launched in 1994 against Dobson, Knight and Acourt. Video footage showed all three using violent and racist language.

But it later collapsed and Met Police Commissioner Sir Paul Condon was forced to apologise to the family in 1998 over failures in the case.

A review of forensic evidence by police finally led to the trial of Dobson and Norris in May 2011 after the Court of Appeal said there was enough new and substantial evidence. The trial started at the Old Bailey on November 14 the same year.

During the trial, the jury heard that Mr Lawrence's DNA was found on the defendant's clothes. Both men were subsequently found guilty of murder, under the law of joint enterprise, and received life sentences.

One lawyer said it was unlikely this case would be affected by today's judgment.

Mr Lawrence was stabbed to death in a racially-motivated attack while he waited at a bus stop with his friend Duwayne Brooks on April 22, 1993

THE GIRLFRIEND CONVICTED OF MANSLAUGHTER IN THE BECKY WATTS CASE

Shauna Hoare was jailed for 17 years after being found guilty of manslaughter following the death of schoolgirl Becky Watts.

Becky had been murdered and dismembered by her step-brother Nathan Matthews, who Hoare was in a relationship with, in a sick sexually-motivated attack in February last year.

Bristol Crown Court heard that while 28-year-old Matthews physically killed the teenager, Hoare, 21, was in the house and was involved in the plot to 'kidnap' her.

The couple had previously messaged about kidnapping petite teenage girls, although in court they said these exchanges were sarcastic.

Becky Watts was murdered and dismembered by her step-brother Nathan Matthews (right), who Shauna Hoare (left) was in a relationship with, in a sick sexually-motivated attack in February last year

During the trial, the judge asked lawyers to keep up-to-date with the developing joint enterprise ruling. It is also thought if Supreme Court judges had announced their decision earlier, it may have affected the case, according to The Guardian.

Both Matthews and Hoare launched appeals against their sentences ahead of today's ruling. Matthews was given a minimum of 33 years.

But Hoare's conviction may be unaffected because she was found guilty of manslaughter rather than murder.

THE MAN WHO WAS FOUND GUILTY AFTER AN AXE ATTACK ON NEW YEAR'S DAY

Donald Pemberton was sent to prison after Tanis Bhandari was killed in an axe attack on New Year’s Day last year.

Pemberton, along with Ryan Williams, was convicted after the fatal attack in Tamerton Foliot, near Plymouth.

Facebook images shown to the jury revealed the friends posed with huge bladed weapons as they prepared for their night.

Donald Pemberton (left) was sent to prison after Tanis Bhandari (right) was killed in an axe attack on New Year’s Day last year

Mr Bhandari was attacked outside the Kings Arms pub later that night. He bled to death after suffering two stab wounds to his back.

Pemberton, 21, was jailed for murder and causing grievous bodily harm after a majority jury verdict. He received life with a minimum term of 23 years.

His co-accused, Ryan Williams, admitted the joint murder charge and inflicting the fatal blow.

Campaign group Joint Enterprise: Not Guilty by Association today said Pemberton's conviction was one of a number of cases they would attempt to overturn using the new ruling.

Gloria Morrison, campaign co-ordinator, said: 'If someone did not deliver that fatal blow and didn’t foresee that the person had that intent, then why should he be serving a mandatory life sentence for murder?

'When you explain it like that to people they see it does not make sense.

'The next stop is the appeals and how we use this judgement to get justice for people wrongly convicted - including Donald.'

Facebook images shown to the jury revealed the friends posed with huge bladed weapons as they prepared for their night

RUSH HOUR STATION ATTACK LED TO BIGGEST-EVER JOINT ENTERPRISE MURDER PROSECUTION

A 20-strong group were all charged with murder after a 15-year-old boy was stabbed to death at a central London station during rush hour.

Sofyen Belamouadden was chased by the group, which included a number of teenagers, before being stabbed nine times in front of horrified commuters at Victoria station.

The youths were said to have coordinated the attack via phone and Facebook. One was carrying a Samurai sword while others were armed with a flick knife, a Swiss army knife, machetes and screwdrivers.

A 20-strong group were all charged with murder after 15-year-old Sofyen Belamouadden (pictured) was stabbed to death at a central London station during rush hour

From left to right: Obi Nwokeh, Christopher Omoregrie and Samson Odegbune were all given life sentences

The death resulted in the biggest-ever joint enterprise murder prosecution.

Of the group, three were convicted of murder, five of manslaughter and three were cleared. Nine were found guilty of lesser charges.

Of those convicted, Obi Nwokeh, Christopher Omoregrie and Samson Odegbune were given life sentences for murder with minimum terms of 18 years.

Victoria Osoteku, 20, the only female to be charged, was jailed for 12 years for manslaughter.

Legal sources said some of the gang members may have grounds for an appeal following today’s decision if they were convicted under joint enterprise and on the basis of foresight alone.

A replica of the five-set box of knives Victoria Osoteku, who was jailed for 12 years for manslaughter, bought from Argos before the murder

A knife concealed in Metro newspaper found on the C10 bus after the murder of the budding footballer

Odegbune was seen brandishing a 'Japanese-style sword' with a blade up to a foot long during the chase

THE TEENAGERS WHO STABBED A 15-YEAR-OLD OUTSIDE A SCHOOL

The joint enterprise law was also used to convict five teenagers, who stabbed 15-year-old Zac Olumegbon outside a school in West Norwood, south London.

Helder Demorais, Ricardo Giddings, Jamal Moore and Kyle Kinghorn targeted the teenager as he arrived at Park Campus School in July 2010.

They chased him into a nearby garden before attacking him, the Old Bailey heard at the 2011 trail.

The joint enterprise law was also used to convict five teenagers, who stabbed 15-year-old Zac Olumegbon (above) outside a school in West Norwood, south London

Helder Demorais (top left), Ricardo Giddings (top right), Jamal Moore (bottom left) and Kyle Kinghorn (bottom right) were convicted of murder

The four teenagers were all found guilty of murder and were handed down sentences from 18 to 14 years.

Meanwhile, getaway driver Shaquille Haughton was convicted of manslaughter as he picked up the knife-wielding gang in a stolen car.

THE 15-YEAR-OLD 'HONEYTRAP' WHO LURED A TEEN TO HIS DEATH

Samantha Joseph was also convicted for murder after acting as a 'honey trap' to lure 16-year-old Shakilus Townsend to his death in 2008.

Joseph, who was 15 at the time, led Shakilus to a quiet cul-de-sac in Thornton Heath, south London, wearing a see-through floral dress.

Once there, he was beaten with baseball bats and stabbed six times by her older boyfriend Danny McLean, who was a well-known gang member.

Samantha Joseph (left) was also convicted for murder after acting as a 'honey trap' to lure 16-year-old Shakilus Townsend to his death in 2008. CCTV (right) showed her wearing a see-through floral dress as she led the besotted teenager to a quiet London cul-de-sac

During the trial the Old Bailey heard the victim, who had met Joseph a month earlier and who had told his mother he thought she was beautiful, bled to death after the 'relentless and merciless attack'.

Joseph, who was said to have laughed as she walked away after 'delivering' Shakilus to the gang, was jailed for life with a minimum of 10 years.

THE DUO WHO BEAT AN OFF-DUTY POLICE OFFICER TO DEATH

Just two years ago, football agent Andrew Taylor and sports event manager Timmy Donovan were both convicted of manslaughter by joint enterprise after beating to death off-duty policeman Pc Neil Doyle.

Pc Doyle had been at a work night out in Liverpool when he was assaulted by the two men in a 'vicious and sustained attack'.

Just two years ago, sports event manager Timmy Donovan (left) and football agent Andrew Taylor (right) were both convicted of manslaughter for beating to death off-duty policeman Pc Neil Doyle

Pc Doyle had been at a work night out in Liverpool when he was assaulted by the two men in a 'vicious and sustained attack'

Neither Taylor nor Donovan admitted throwing the fatal punch, which ruptured Pc Doyle's vertebral artery and caused bleeding in the brain.

Both were subsequently jailed. Taylor received seven years and six months while Donovan was sent down for six years and 10 months.

Pc Doyle's wife Sarah, who he had only married six months earlier, later said she could never forgive the pair.

The manslaughter verdicts in this case make a successful appeal on today's grounds unlikely.

Lawyer sister of man convicted of murder under Joint Enterprise rule speaks of 'sheer joy' over Supreme Court ruling

A lawyer whose brother was jailed for 19 years for murder under the Joint Enterprise rule has spoken of her 'sheer joy' after the Supreme Court today ruled this law may have been wrongly interpreted for the past 30 years.

Alex Henry, now 23, has spent the past two years in two prisons: high-security HMP Pentonville in London and then category A HMP Whitemoor in Cambridgeshire where he is allowed two visits a month.

Henry was convicted of murdering 21-year-old Taqui Khezihi in a 'trivial fight' in Ealing Broadway, west London – despite never having touched the knife.

Close: Charlotte Henry, campaigning for brother Alex, pictured together, who believes today's ruling will see him freed

Henry's friend Cameron Ferguson, then 20, of Southall, pleaded guilty to murder and GBH on the fifth day of the trial in February 2014 after being convicted of issuing the fatal stab wound that killed Taqui Khezihi on August 6, 2013.

The jury then found Henry, along with Janhelle Grant-Murray, 20, of Hanwell, guilty of murder, under the Joint Enterprise law.

Henry's sister, Brunel University graduate Charlotte Henry, 26, mother, Sally Halsall, 49, and stepfather, Geoff Halsall, 55, joined the Joint Enterprise: Not Guilty by Association (JENGbA) campaign following Henry's conviction at the Old Bailey in March 2014.

Crime: Henry was convicted of murdering 21-year-old Taqui Khezihi in a 'trivial fight' in Ealing Broadway, west London – despite never having touched the knife.

Miss Henry said: 'For the Supreme Court to say the law that convicted your brother was unjust- I can't put into words how completely lifted and overjoyed I feel.

'To have the biggest court in England and Wales say you were right- I burst into tears straight away.

'It was just sheer joy. It gives everyone who is part of JENGbA so much hope. We have been fighting for justice for years, after all the pain that many families have been through.

'To go from 2013 when Alex was first charged with murder and people thinking your brother is a murderer, to now, is so emotional.

'It was not just the trauma of not being able to see my brother, it was the label 'murderer.'

'As a family, we have gone through many ups and downs, mainly downs. We have been really struggling to cope and remain positive.

'Being a trainee lawyer has given me strength to be able to understand the enemy.'

Miss Henry said she has coped over the last couple of years while her brother has been in prison by pushing aside the grief, but today the emotion has resurfaced for her family and many others.

'It brings back all the fighting we have done to get to this point.' she said.

Alex Henry will now be appealing his conviction, and Miss Henry has her hopes set on getting her brother back.

She said: 'My biggest hope is that he will be acquitted and that we get Alex back home.

'Second to that would be for his conviction to be replaced with affray or violent disorder, for which he may have already served enough time in jail.

'Obviously we wish none of this had happened and the judges had previously made the right decision but that's the nature of common law, law that evolves throughout time with each judgement handed down by the court.

'Hopefully lessons have been learnt.'

She told how Alex was always a funny and lively character.

Miss Henry's life was put on hold after her brother's conviction and she was unemployed for about seven months.

'I had to leave my job as a probation officer at the London Probation Trust a week before the trial because I needed to be there for him every day.

'I was left without my brother, unemployed and traumatised by the whole process.

'I thought I should do a postgraduate in law after the conviction because I was worried at one point we might not be able to afford a lawyer and I knew I had to understand it completely to be able to fight it.

'That led me to train as a criminal defence solicitor, which I began doing with Achom and Partners in Finsbury Park, a month ago.'