A heart-wrenching photograph has emerged showing a teenager moments before he tragically lost his life, after being fatally punched. Another image shows 18-year-old Ben Smith in Halloween fancy dress, covered in fake blood and enjoying a night out with friends in Bath. Ben, who had his whole life ahead of him, was from Melksham, Wiltshire. His untimely death has left his family, friends, and the entire community devastated.
The family’s pain has been further exacerbated by what they perceive as a failure on the part of the police and the CPS to bring any case against the person they believe is responsible for Ben’s death. They feel that Ben has been unjustly blamed for his own demise.
The family has now broken their silence, calling for a change in the law to ensure all cases where ‘self-defence’ is initially claimed should be decided by a jury and go to court, reports Bristol Live.
READ MORE: Cyclist’s Powerful Message After Surviving Life-Threatening Crash
READ MORE: A417 Closure: 10-Mile Diversion Route as Road to Shut for Hours
Rachel Smith, Ben’s mother, expressed her anguish: “The boy who threw the punch has killed somebody and we have seen the footage. It is horrific. 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. It is not over - to my last breath I will do all I can to try and clear his name. At the moment he is being blamed for his own death - but he is not here to defend himself. He never punched himself and he fell backward. We’ve got no closure - and just keep going over the same old things. He is not remorseful - there is nothing.”
The incident began when a male, unknown to the group, entered McDonalds in his dressing gown and was seen on CCTV allegedly ‘pushing’ one of Ben’s female friends. Rachel remarked: “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. That was until we all went down to watch the footage.”
Wanting to highlight the severe consequences of violence during nights out, Rachel expressed her decision to share the heart-wrenching image of her son on life support. Since his tragic passing, a series of fundraisers has collected nearly £30k in his memory for charity. Rachel further stated: “The town is fully behind him and is not going to let Ben be forgotten. He was loving kind, caring and well loved. No one had a bad word to say about him. It is not just us - this has affected the whole community.”
Avon and Somerset Police confirmed that its Major Crime Investigation Team (MCIT) conducted a “full and thorough investigation” and apprehended the suspect at 4.30pm on the Monday. Initially, the arrest was on suspicion of assault causing grievous bodily harm, but two days later, the suspect was rearrested on suspicion of murder.
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. Our decision-making in this case was independently reviewed by lawyers in different CPS units, who each came to the same conclusion that the evidence did not support a prosecution. We have written to Ben’s family to explain the evidence we reviewed and how we reached our decision, and our thoughts remain with them for the loss they have suffered.”