Christopher Kapessa drowned in the River Cynon in July (Picture: Media Wales/PA)

The mother of a schoolboy who was pushed in a river has accused the Crown Prosecution Service (CPS) and police of institutional racism over a failure to prosecute their main suspect.

Christopher Kapessa, 13, was with a group of youngsters by the River Cynon, south Wales, when he entered the water and drowned. The body of the teenager, who could not swim, was found in the river on July 1, last year but police initially insisted it was a ‘tragic accident’ and there were no suspicious circumstances.

His family have now been told there is ‘sufficient evidence’ to support prosecuting a young boy for manslaughter after he pushed the victim from behind into the river. However, the CPS said they will not bring charges against the suspect as he has a ‘good school record’ and is ‘mature and intelligent for his age’ with no prior convictions.



A letter from the CPS read: ‘There was clear evidence that the suspect pushed Christopher in the back with both hands causing him to fall into the river.


Christopher’s mother had originally been told he’d suffered a tragic accident (Picture: PA)

‘That push was an unlawful act and it was clearly dangerous in that on an objective standard it created a danger of some harm.’

It added the evidence suggested the push was ‘not in an effort to harm someone’ but ‘ill considered’ and there was no public interest in prosecuting the youngster.

Only four of the 14 teens who were at the scene were interviewed, added the letter.

Christopher’s mother, Alina Joseph, accused investigators of ‘callously lying’ over her son’s death.

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She said: ‘From the start, South Wales Police baffled us by being unable to answer many of the most basic of our questions.

‘If this had been 14 black youths and a white victim we have no doubt that the approach of the police and outcome would have been different.

‘We know that family members of the 14 young people involved demanded the police come and interview their children, whose account was radically different from the four principle suspects.

‘The decision made by the CPS leaves us feeling confused and perplexed as to how some can callously lie about my son’s death, inflicting more pain and anxiety on us for the last eight months.

The river near Fernhill, Mountain Ash, where Christopher drowned (Picture: Media Wales)

‘And it is the suspect’s human rights that prevail, whilst prosecution over my son’s death is deemed as not being in the public interest.’

The family’s lawyer Hilary Brown said: ‘The decision of the CPS is disappointing in light of the fact that they confirmed that the evidential threshold was met for bringing a charge of manslaughter against a young man.

‘Christopher died not as a result of a “tragic accident” as South Wales Police initially concluded, but as a consequence and direct result of being “pushed” into the river.’

South Wales Police said it cannot comment on the case as it is being investigated by the Independent Office for Police Conduct but has ‘confidence’ in the force’s enquiries ‘into the circumstances around Christopher’s tragic death’.

Chief Superintendent Dorian Lloyd, of South Wales Police said: ‘A full file of evidence was submitted to the CPS by the South Wales Police Major Crime Investigation team after what was a very complex and challenging investigation. An incident room was set up by the team of dedicated detectives who went on to gather 170 statements and conduct 54 child interviews as they worked tirelessly to establish the facts and the events leading up to Christopher’s death.



‘We note the decision of the CPS, and at this very difficult time, we recognise the pain and grief still endured by Christopher’s family who lost their young boy in the most traumatic of circumstances. Our support for them continues as it has done throughout the investigation.

‘The shock and the impact upon the local community must also be managed and we continue to work closely with support agencies to ensure the right help is in place for those who need it.’

A CPS spokesperson said: ‘Decisions on cases such as this are difficult, but each must be judged on its own merit. As in every case, both an evidential test and public interest test must be passed for a prosecution to take place.

‘In coming to our decision, careful consideration was given to the law regarding the prosecution of youths and the public interest test was not met.

‘Our thoughts are with Christopher’s family. We have given them a full explanation of our decision-making in this tragic case.’

An inquest into Christopher’s death is due to take place at a later date.

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