The family of a teenager killed by a fatal punch on Halloween has slammed the police for their “failure” to bring justice as cops “blamed” the boy for his own death. Ben Smith, 18, died after he was hit on a night out in Bath with his friends – despite being rushed to hospital in a desperate attempt to save his life.
The teen was kept on life support for two days but his mum claimed doctors said he had “the worst head injuries anyone could possibly have”. Ben’s family and community, in Melksham, Wiltshire, were left heartbroken by the tragic news but have now demanded a change in the law after the person they claimed “killed” him did not go to court.
Ben’s mum, Rachel Smith, 57, claimed: “The boy who threw the punch has killed somebody and we have seen the footage. It is horrific.” His family said his death did not go to trial because “self defence” was claimed.
Trouble started at a McDonald’s in the early hours of November 1, 2021, when a male in a dressing gown, unknown to the group, reportedly “pushed” one of Ben’s female pals. Rachel claimed they were initially told Ben was the aggressor in the confrontation, saying: “We were all cross thinking ‘what the hell Ben have you done? Why are you reacting?
“Everyone that knew him said they didn’t understand why he would react as it was so out of character.” The mum claimed their views have changed after being show a new piece of CCTV footage which they claimed painted a very different version to the “official narrative”, with his family saying Ben was only “defending” his female friend.
Rachel added: “Ben falls like a tree. I said he was unconscious already on the way down. It also shows another punch thrown at him on the way down. How can it be self-defence to punch someone falling away from you. We came out with the full knowledge Ben hasn’t done anything. He gets very angry when he is asked to leave but does not raise a hand to him at any time.”
She continued: “It can happen – something can go horribly wrong. But that is not what happened. Ben had been defending a girl and may have been verbally very angry. But the suspect turned it into a physical altercation.”
The mum furiously suggested the case should still go to court despite the “self defence” claim, adding: “Whether Ben is deemed to be at fault and he gets cleared of all charges it should still go before a jury. There is a dead body of an 18-year-old boy who no-one has a bad word to say about.”
Ben’s family claimed police did not instantly collect witness statements or arrest the suspect early on. They have had three CPS rulings against their formal complaints and lack enough evidence to launch formal proceedings. Rachel has since pleaded for police to hire a lip reading specialist to work out what was said on the night.
Ben’s dad Arthur Smith, 62, who wasn’t able to see his son in hospital before he died because of the pandemic, called for the law to change. Arthur said: “If you claim self defence it is down to the victim to prove it. In Scotland if you claim it you have got to prove it. We just don’t want this happening to anyone else. What we have gone through is absolutely horrendous.”
Avon and Somerset Police said its Major Crime Investigation Team (MCIT) carried out a “full and thorough investigation” and arrested the suspect at 4.30pm on the Monday. This was initially on suspicion of assault causing grievous bodily harm and he was subsequently rearrested two days later on suspicion of murder.
A spokesperson added: “Detectives sent a detailed file of evidence to the Crown Prosecution Service (CPS) for a charging decision to be made. The CPS concluded there was no realistic prospect of a conviction, so as a result no further action was taken.”
The CPS said in a statement: “The death of Ben Smith was a tragedy and we offer our deepest condolences to his loved ones. We can only bring a prosecution when we are certain that there is enough evidence to provide a realistic prospect of securing a conviction. After a careful review of all the evidence available we concluded this was not the case.”
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