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I’ve been in prison for murder for 12 years despite never killing anyone

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ALEX Henry says he will never forget the moment the judge sentenced him to 19-years in prison for murder – despite never killing anyone.
He grimly counted off the years he would spend behind bars as he stood in court – and saw his life slipping away from him as he stood before the judge. And now in an exclusive letter from inside HMP Oakwood in Featherstone, where he will stay caged until 2033, Alex pleads his case.

His sister Charlotte has been campaigning to free him – with her regularly visiting him behind bars Credit: Charlotte Henry

A teenage Alex, aged 17, with his scooter Credit: Ian Whittaker

A photo of Alex, aged 20, taken the weekend before the murder in August 2013 Credit: Ian Whittaker

His family continue to campaign for Alex to be released early Credit: Ian Whittaker
Alex says he has battled 12 years of hell behind bars for a crime he claims he did not commit
And his family are pleading with the government for his release as he remains caged thanks to a 300-year-old law.
Alex, who has had his appeals for clemency turned down so far, says he just wants the chance to be a father to his daughter, whose entire life he has spent behind bars.
The now 33-year-old was given a 19-year murder sentence after a 47-second brawl in Ealing, West London in 2013

One of Alex’s friends, Cameron Ferguson, fatally stabbed another young man, Taqui Khezih, and was later jailed for 19 years.
But a jury also found Alex guilty under the joint enterprise law, which dates back to 1670 but was changed in 2016 after Alex’s case.

The joint enterprise conviction meant he was held criminally responsible for his friend’s actions – something his family have always said was applied unfairly, especially as he was later diagnosed with autism.
And a leading expert has said it would have played a factor in Alex’s actions.

While Alex has admitted to throwing a punch and hurling a mobile phone in the fatal brawl – his family insist he should not have been held responsible for the terrible actions of his pal.
In a letter, devastated Alex, now engaged to a woman he grew up with, says he will never forget the moment he knew he wouldn’t see the outside world again for nearly two decades.
And he revealed his “dark” life behind bars – and his hope that one day he will be freed, with a powerful message directly to justice secretary David Lammy.
Alex told The Jattvibe: “When I first got given a 19-year prison sentence, I instantly counted out how old I would be on my earliest possible release date.
“I was only 20 when I came to prison, so that would make me 39.
“I remember looking at my barrister, thinking I will be his age when I get out.”
But Alex says the most painful part of his ordeal has been not watching his little girl grow up, and he fears the impact it could have on her life to have not had him around.

I have had some dark moments during my time in prison. I mostly feel sad when I know my family is going through something on the outside.

Alex Henry

Alex continues: “Watching my daughter grow up in prison has been hugely challenging. She was born during my trial.

“I have had to watch her grow up through prison visits and photos. It is sad to say, but it seems so normal for her to come and see me in prison, but it is not normal.
“I hope when she is older, she will not feel the effects of my being absent in her life too much.
“That being said, I have been able to build a relationship with her that I will always be grateful for. She is what matters to me above all else.”
‘Strong sense of injustice’
Describing that fateful day on August 13, 2013, Alex said: “This incident was spontaneous and lasted no more than 47 seconds.
“I did not know Cameron had a knife on him, and I did not intend for my actions to encourage him. Everything happened so fast, and I felt powerless to do or say anything different.
“It is incredibly difficult to come to terms with being convicted for something I didn’t do.
“Under joint enterprise, it feels as though my own actions and intentions have been disregarded, and I am being held accountable for someone else’s choices rather than my own.
“There is a strong sense of injustice in knowing I am being punished for something I did not commit and did not intend.”

Alex’s sister Charlotte Henry and mum Dr Sally Halsall are fighting for his early release

Henry was given a 19-year murder sentence in 2014 despite having never killed anyone Credit: Ian Whittaker

Alex’s mother and sister visiting Alex, aged 22, the year after he was sentenced Credit: Ian Whittaker
Since he was found guilty, Alex says he has battled a number of “dark moments” in prison, which he described as a “toxic environment”.
He continued: “I got through the years by waiting and hoping on countless appeals. I’ve also built up good relationships with some inmates.
“During my time, I have encountered those like me convicted under joint enterprise. We have been able to relate to each other by our shared experience of injustice.
“I have had some dark moments during my time in prison. I mostly feel sad when I know my family is going through something on the outside.
“It was particularly difficult when my grandmother died. I was close with nan and my family struggled with her passing.
“I have applied many coping mechanisms while being in prison that have helped me to become the person I am today. I started the gym straight away and now have a huge passion for health and fitness.
“I am currently studying an Open University degree in sports, fitness and coaching. I am in my fourth year of a part-time degree.
“Early on in my sentence, I attended church, which helped me to grow as a person and kept me in a positive environment. I just try to stay positive and away from negative people and environments.
“Since coming to prison at such a young age, I feel like I have done well in protecting who I am as a person from negative influence. Prison is a toxic environment that could quite easily have taken me down a dark path.”

‘Lammy, do what is right’
Alex’s family continue to campaign for Alex to be released early, including running a Facebook group to highlight the case.
They say he was later diagnosed with autism – and this would have played in his trial if it was known.
Alex’s sister, Charlotte Henry, 36, who trained as a lawyer specifically to fight his case, and mum Dr Sally Halsall, want justice secretary Lammy to revisit what they see as a “promise” to get him justice.
Before coming to power, Lammy had worked with the Joint Enterprise Campaign Group JENGbA, which Charlotte represents.
And in 2021, he was filmed at a rally saying he would bring justice to individuals like Alex if he ever came to power.
But his family claim they have not seen enough action, and Alex has begged the Deputy Prime Minister to revisit his case.
Alex said: “My message to David Lammy is this: please do what you know is right.”
He added: “My sister was in that crowd, and she believed you would stick to your word. Now that you are in the seat of power, you have gone silent.
“Please don’t be like other politicians who make promises they have no intention of fulfilling. I recently heard you speak on the issue in the House of Commons, and your words gave me renewed hope that you will still fulfil your promise to us.
“It had lifted me and many other joint enterprise prisoners in here. We hold onto what you said, but now we need action.”

Alex aged 7, with his sister, aged 10 Credit: Ian Whittaker

A photo of Alex, 20, at a Devon beach, which was taken the weekend before the murder Credit: Ian Whittaker

Alex, aged 4, with his sister Charlotte in 1996 Credit: Ian Whittaker
Lammy confirmed to Parliament on February 3 this year that he had met with the Criminal Cases Review Commission (CCRC) to refer three cases. The Jattvibe has asked if Alex’s case is one of them.
The family has also launched a new appeal with the CCRC, which includes further analysis of Alex’s autism.
Professor Simon Baron Cohen claims Alex’s autism would have prevented him from knowing Ferguson had a knife, or what his intentions were.
While that goes through, the government is also awaiting new recommendations from the Law Commission that could also help the appeal.
Fatal stabbing
Police said a “trivial argument” broke out in Ealing on a scorching hot afternoon on August 6, 2013, between Taqui and three others and Alex’s other friends, Janhelle Grant-Murray and Younis Tayyib.
Alex and Cameron, who had been separated from the other duo, ran over to help when they arrived on the scene in Northcote Avenue.
Alex, who has always said he did not know Cameron had the blade hidden inside his bag, threw a single punch and tossed someone else’s mobile phone in an act ruled as self-defence by the judge.

The brawl then broke up, and Alex fled the scene, claiming he did not know Cameron had fatally stabbed Taqui and wounded his brother, Bourhane.
Alex claims he only found out the men had been stabbed later that day when Cameron confessed.
Ferguson later pleaded guilty to murder and GBH, but Alex was held criminally responsible. Janhelle also received a 19-year sentence under the joint enterprise law. Younis was found not guilty.
The prosecution argued “friends tell each other everything,” according to Charlotte, who attended the trial – implying Alex knew his friend had the knife. Something he has always denied.
At the time of his conviction, juries were allowed to convict a defendant if he or she foresaw that someone else might commit a crime. But the precedent was overruled by the Supreme Court in 2016.
Campaigners say the jury had been incorrectly directed on the law during the six-week trial at the Central Criminal Court in 2014.
Since the ruling, only defendants who assist or encourage another person to commit murder can be convicted for the same crime.
His family fear his behaviour after learning about the stabbing swayed the jury.

Alex posing for a school photo, aged 9 Credit: Ian Whittaker

ANALYSIS: Legal view on joint enterprise

MARCUS Johnstone, managing director of PCD Solicitors and a criminal defence lawyer, explained joint enterprise to The Jattvibe.

The law is so confusing in relation to ‘joint enterprise’ that it’s hardly surprising that miscarriages of justice occur.
Firstly, ‘joint enterprise’ isn’t a single offence. It’s a label for group criminality, but an offence only arises if someone else commits a primary offence.
In addition to proving the primary offence, the CPS then needs to prove that the other person was aiding, abetting, encouraging or assisting the primary offence.
In addition, depending on the involvement, the secondary person may become a ‘co-principal’ and, in effect, commit the primary offence.
As with most offences, to convict someone of a crime, the CPS must not only prove the physical act, such as killing someone, but must also prove the perpetrator had the required mental state to commit the crime.
This is where it gets more confusing. The required mental state for murder is an intention to kill or commit really serious harm. For joint enterprise, the secondary party must intentionally assist or encourage the primary person to commit murder and who, in turn, had the required mental state for murder.
A belief by the secondary party that the primary person might kill, may not be enough. But a jury may infer intention to kill if someone thought they may kill. Confused?
Alleged miscarriages of justice occurred because, from 1985 until 2016, the secondary party could be convicted of a more serious offence, such as murder, if they merely foresaw that the primary party might commit the more serious offence.
This effectively lowered the mental state needed for murder as a secondary party (from intent to foresight).
From 2016 the law changed again. The required mental state then became intentional assistance or encouragement. Foresight became a piece of evidence to try and prove intentional assistance.
Why is this particularly unfair to certain sections of society? Well, the law that applied between 1985 until 2016 caught groups of people who were present at a scene, were associated in some way with the primary offender and had foresight of a more serious offence. In effect, young black men who were part of a gang were disproportionally affected.
The CPS therefore developed various gang theories which were put to juries. Social media messages, friendship groups and even lyrics in music videos were used by the CPS to infer guilt.
The continuing danger for miscarriages of justice is that even after 2016 when the law changed again, the Court of Appeal was very reluctant to reverse an earlier decision of a jury.
The Court decided that a “substantial injustice” must arise, not just that the Judge applied the old law.
In addition, even as the law stands today, evidence of association with the primary party may influence the jury.
Gang narrative, including storytelling in rap songs, may be racialised and stereotyped by a jury.
We also have an ever increasing problem of mentally ill defendants. A secondary party who suffers neuro diverse issues is particularly susceptible to an influential primary party.
The mandatory life sentence for murder, even for a secondary party, can also be used to pressure the secondary party to plead guilty to a lesser offence – but may still result in many years in prison.

Alex went to his girlfriend’s first baby scan, even though police were looking for him, promising to turn himself in after Ferguson’s confession. It took him three days to hand himself in.

His family have lodged appeals to the Court of Appeal, the Supreme Court and the European Court of Human Rights during their ordeal, but Alex still sits behind bars.
Upon his release, Alex says he can’t wait to spend time with his daughter again.
In his letter, Alex writes: “When I am released, I plan to spend a lot of time with my loved ones.
“I want to spend time with my daughter and build on our relationship. I am also recently engaged to my partner. We grew up together and have been together for two years now.
“She has been waiting for me, and I cannot wait to live a life together and hopefully add to our family.
“Lastly, I recognise the deep loss suffered by the family of Taqui Khezihi and am truly sorry for their pain. Nothing I am facing compares to what they have endured.
“While I maintain that I am not responsible for what happened, I hope that my fight to challenge my conviction does not add to their suffering.”
In a statement, the Ministry of Justice told The Jattvibe: “This was a tragic case, and our thoughts remain with the victim and their loved ones.
“Decisions on charges and how joint enterprise is applied are a matter for the independent Crown Prosecution Service and the courts, and while Ministers cannot intervene in individual cases anyone convicted of a crime has clear routes to appeal.
“There are currently several ongoing reviews on joint enterprise and any reforms will be informed by their findings.” 

His family has launched a new appeal with the CCRC Credit: Ian Whittaker

Alex’s sister and mother visiting him in prison at Christmas in 2024 Credit: Ian Whittaker

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