A JUDGE has told a jury they must find the teenagers accused of attacking Henry Webster guilty, if they are sure the boys were present during the hammer attack.
Summing up at the end of five weeks' of evidence, Her Honour Judge Carol Hagen told the jury at Bristol Crown Court: "Your approach should be, if looking at the case of any of the defendants, you are sure he took part in the attack while the hammer was being used, then that defendant is guilty."
Wasif Khan, 18, of Caversham Close; Amjad Qazi, 19, of Broad Street; a 15-year-old boy and a 16-year-old boy, who cannot be named for legal reasons, have all pleaded not guilty to wounding with intent to cause grievous bodily harm.
Judge Hagen said that it did not matter if the defendants had played different roles in the attack.
"Where a criminal offence is committed by two or more persons, each of them may play a different part, but as a part of that joint venture each is guilty," she said.
"All four defendants admitted to being present.
"Wasif Khan told you in evidence he didn't answer questions in his police interview on the advice of his solicitor.
"You know when Amjad Qazi, and the 15-year-old and the 16-year-old were interviewed they told lies and they admitted they told lies. Amjad Qazi when asked about the incident said he wasn't present.
"The 15-year-old said he hadn't made any phone calls from school that day, hadn't seen Henry get hit and Henry had no injuries.
"When the 16-year-old was asked the question Did you punch, kick or attack anyone?' his answer was no'.
"These are lies they admit telling and what you have to consider is whether the lies told support the case against that particular defendant."
Members of the jury were also told that they could consider alternative convictions for violent disorder, if the teenagers were found not guilty of the Section 18 assault.
The two juveniles entered guilty pleas to the second count of violent disorder last week.
Khan and Qazi denied the charge.
"It is only if you are not sure of count one, in the case of Wasif Khan and Amjad Qazi, you can go on to consider count two, violent disorder," said Judge Hagen.
"There is only one thing that is an issue in relation to count two.
"The only question you have to answer is, are you sure Wasif Khan used or threatened violence. If you are sure, having found him not guilty of count one, you can find him guilty of count two.
"And the same question applies to Amjad Qazi."
After explaining the points of law the jury should bear in mind when reaching its verdict, Judge Hagen recapped the evidence put forward by the prosecution, including the testimony of many Ridgeway pupils who witnessed the attack and medical staff who treated 15-year-old Henry for his injuries.
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