New hope for family of Ryan Passey as High Court judge grants permission for judicial review

There were tears of relief for the family of Ryan Passey today as a High Court judge gave approval to their appeal to seek a judicial review.

The family have been fighting for justice for Ryan, aged 24, since he was fatally stabbed in former Stourbridge nightspot Chicago’s in August 2017.

It has been a long road since a jury found Kobe Murray, who admitted stabbing Ryan - claiming self-defence, not guilty of murder or manslaughter - allowing him to walk free from court in what was described as a ‘perverse acquittal’ - where the decision contradicts the evidence - in February 2018.

A long campaign since then has included the reopening of a murder investigation by West Midlands Police, following an independent review by West Yorkshire Police, which saw new evidence presented to the Crown Prosecution Service (CPS) - only for the Director of Public Prosecutions to dash hopes of a possible retrial with his refusal back in the summer to grant permission for a judicial review of the case.

However, at a hearing at Birmingham Civil and Family Court today - High Court judge Mr Justice Dan Kolinsky offered the family a glimmer of hope.

After submissions from the family’s barrister Matt Stanbury and Tom Little KC, representing the Director of Public Prosecutions - the Judge said he was “satisfied this is a case where there is something that requires proper analysis at a full hearing” as he granted permission for it to proceed to a judicial review.

The decision effectively overrules the UK’s Director of Public Prosecutions who had previously told the family that new evidence submitted by police did not meet the high threshold required under double jeopardy legislation.

Mr Justice Kolinsky said after listening to both sides and hearing more details of new evidence that was found that the case “deserves to go to a full hearing” and he added: “This is an important and interesting case.”

The court was told by the Passey family’s barrister Matt Stanbury that police had found new evidence that changes the narrative regarding the knife that was plunged into Ryan’s chest.

This was not found as part of the original police investigation nor the subsequent review by West Yorkshire Police. The DPP had ruled that it should have been found first time round and therefore rejected claims that it represented new and compelling evidence that could trigger a retrial.

Defending the DPP’s decision Tom Little KC argued police investigators should have found the evidence the first time round and he said submissions presented by Mr Stanbury fell short of proving the DPP made the wrong decision to reject a judicial review.

He said typically the only cases that end up with a retrial under double jeopardy legislation involved the finding of scientific evidence such as DNA.

Following the judge’s decision to now allow a judicial review to proceed, the case is expected to go before a High Court judge in around six months time. Another set of high level judges will then decide whether the case merits a retrial based on the new evidence.

Ryan’s family cried tears of relief as they left the courtroom - saying today’s ruling offers new hope.

Mum Gill Taylor, aged 60, said she was “ecstatic” as she processed the news.

“It would have been the end of it but now we’ve still got that fight,” she said.

“There’s still hope that we can get justice for him and the truth.”

Choking back tears - Ryan’s dad Adrian Passey, aged 63, told of his relief at the decision that keeps their fight alive as he thanked all those who have supported the family over the past few years, saying “we love you all - thank you”.

He told the Express & Star: “We’re never going to stop fighting, we’ve been on this journey for nine years. It’s been great news today, we’ll just keep going forward.”

Family friend Jason Connon, spokesperson for the Justice For Ryan campaign, said afterwards the ruling paving for the way for a judicial review had been “what we wanted all along” and he added: “Our fight still goes ahead, we’re still fighting for Ryan, still fighting for the truth.”

Former Stourbridge MP Suzanne Webb, who has backed the family’s campaign since her time in office, said of today’s hearing: “There wasn’t a dry eye in the house. It was really emotional.

“It’s about time the wheels of justice are moving in this family’s favour.”