REGINA v NELSON IDIABETA

Lord Justice Elias, sitting with Mr Justice Sweeney and Mr Justice Green, dismissed Idiabeta’s appeal against conviction and refused leave to appeal sentence for the gang-related murder of 17-year-old Kwame Ofoso-Asare in Brixton. The Court described extensive CCTV and witness evidence tracing Idiabeta’s movements: visiting King’s College Hospital after TN1 member Garfield Stuart was stabbed; obtaining a knife via Mr Kawaja in Camberwell; travelling by taxi to the Moorlands estate; and returning minutes after the killing, followed by a call from Idiabeta’s phone to Stuart. At trial, Idiabeta admitted presence, denied gang membership, claimed “X” was the stabber, refused to identify or exculpate Okusanya, and acknowledged being first in and last out of Adelaide Close. On appeal he argued unfairness because Okusanya’s counsel attacked his credibility in closing without cross-examination and the judge cautioned the jury about his implied identification. The Court held these were permissible and fair, found overwhelming evidence of joint enterprise, and upheld a 19-year minimum term under the Criminal Justice Act 2003.