Ameen Jogee convicted in retrial after successful joint enterprise appeal
A man whose murder conviction was quashed by the Supreme Court in a landmark ruling on joint enterprise has been convicted of manslaughter.
Ameen Jogee “egged on” Mohammed Hirsi to stab former policeman Paul Fyfe after an argument.
In 2012, both were jailed for murder but the Supreme Court ruled the joint enterprise law had been wrongly interpreted for 30 years.
At a retrial Jogee was cleared of murder but convicted of manslaughter.
During the two-week retrial at Nottingham Crown Court, the jury heard Hirsi, then 25, knifed Mr Fyfe through the heart in June 2011.
The prosecution said Jogee, 27, stood on the doorstep of the house, encouraging his friend to stab the father of three.
The pair had already been turned away from the house by Mr Fyfe’s girlfriend Naomi Reid but returned frustrated at being refused entry to another friend’s home.
The court heard that Hirsi, who was jailed for at least 22 years at the original trial, threatened Ms Reid with a knife.
Mr Fyfe stood between the pair and said: “What are you going to do, stab me?”
The original trial jury heard that after plunging the knife into his victim’s chest, Hirsi then licked the blade.
‘Wrong place, wrong time’
William Harbage QC told the jury it was accepted that Hirsi “wielded” the knife, but added: “This trial concerns the part played by this defendant and his criminal responsibility.
“We say he is also guilty of murder. He was egging him on by his words and his actions intending to encourage Hirsi, with the requisite intent for murder.”
Defending Jogee, Felicity Gerry QC said the death of Mr Fyfe was a “surprise” to Jogee, and said: “[He] is not a murderer. He was just in the wrong place at the wrong time.”
The UK’s highest court had ordered that Jogee be retried on the charge of murder “with the included alternative of manslaughter”.
On Friday, the jury of seven men and five women cleared Jogee of murder but found him guilty of manslaughter on Monday after more than 13 hours of deliberation.
Speaking after the verdict, Mr Fyfe’s widow and the mother of his children said: “I’m quite disgusted with the result on Friday. We believe he is guilty of murder and that this re-trial has been unfair.
“I’m pleased he’s been convicted of manslaughter. I hope the sentence fits the crime, but I don’t hold out much hope.”
Jogee will be sentenced at Nottingham Crown Court on 12 September.
What is joint enterprise?
The law had allowed people to be convicted of murder even if they did not inflict the fatal blow.
It has been used to convict gang-related cases if the accused “could” have foreseen violent acts by their associates.
The Supreme Court ruled that “foresight” was not a sufficient test and said the law had been wrongly interpreted for the last 30 years.
It said jurors should view it only as evidence to be taken into account, not as proof.
The ruling could pave the way for hundreds of prisoners to appeal against their convictions, although the judges said it does not automatically make convictions unsafe.