Jury told they can consider manslaughter if they find teenager not guilty of murder
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A warning that this story contains information which some readers may find distressing.
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Closing statements have been made in the case of a teenager accused of murder with the prosecution telling a jury recording any other verdict would be ‘illogical’.
The now-16-year-old is standing trial at Douglas Courthouse charged with murdering Christopher McBurnie.
The 14-year-old died in Ramsey, outside the defendant’s home, in May last year after being stabbed.
The defendant, who can’t be named for legal reasons, admits inflicting the fatal blow but claims he was acting in self-defence.
Murder
Addressing the jury Prosecutor David Temkin KC reminded jurors that on 29 May 2025 a young boy was ‘brutally stabbed’ adding, for both families involved, ‘life will never be the same again’.
Christopher, he said, had sustained ‘horrific’ stab wounds in an ‘unlawful, deliberate and frenzied attack’ which ‘did not last more than a few seconds’.
“This is not self-defence,” he told them: “It is not manslaughter. This is murder. Deliberate, unlawful, killing. The prosecution say you can be sure of that.”
“None of us will ever forget our involvement in this truly tragic case.” - Prosecutor David Temkin KC
‘Desperate’
Mr Temkin KC reminded jurors that the defendant had made 11 threats to kill Christopher, over social media, in the hours before his death over Snapchat.
The boys, and other teenagers, had been involved in a group chat organising a fist fight which started on the evening of 28 May.
He said the defendant had declared his intent ‘over, and over and over again’ saying he appeared ‘desperate to get them to Ramsey’.
“This was a pre-arranged fight,” Mr Temkin KC told jurors: “He (the defendant) was the one who made it happen.
“What do you think of that? Luring someone to his house, to his door, for a fight and then claiming self-defence.”
“It’s like looking into a Chrystal ball except X (the defendant) isn’t a fortune teller – he knew what was coming.” - Prosecutor David Temkin KC
Jurors have previously been told Christopher, who lived in Castletown, had taken two buses to the northern town and a group of nine teenagers had made their way to the defendant’s home.
Ring doorbell footage shows the defendant opening the door and exclaiming: “How many people do you f***ing need.”
This, the prosecutor said, showed the defendant as ‘assertive, fluent and aggressive’ at the time.
The footage, and the voice notes played to the court, Mr Temkin KC said showed ‘a completely different person’ than the one they’d heard from in court who he described as often ‘monosyllabic’.
Mr Temkin KC questioned why the defendant had opened his door to the group if he was afraid and why he’d summoned Christopher into his front garden where he was then assaulted by him.
“Doesn’t that make the idea of self-defence ludicrous?” he asked.
Knife
The prosector also questioned the defendant’s claims that he wanted to use the knife to ‘scare’ the group off.
“Did he wave it around and show the group? No, he didn’t,” the prosecutor said adding: “You’d scream it wouldn’t you? You wouldn’t whisper it.”
Mr Temkin KC also said the defendant had a ‘physical advantage’ over Christopher who weighed 47kg; the defendant weighed between 75 and 80kg at the time.
“Forget the knife,” the prosecutor told the jury: “Christopher had no chance.”
‘Unpleasant Viewing’
The prosector also referenced mobile phone footage, previously been played to the jury, which showed Christopher assaulting other children in a series of separate incidents.
He acknowledged they were ‘awful’ and made ‘unpleasant viewing’ adding: “It may leave a very bitter taste in your mouth. I know you won’t let the videos prejudice you against Christopher McBurnie.”
But Mr Temkin KC said there was no evidence to suggest the defendant had seen any of the videos adding: “There was not a weapon in sight on any of those videos.
“Would Christopher have asked for it (the fight with the defendant) to be filmed if he thought it was going to show him knifed to death?”
‘Utterly Unreasonable’
Addressing the defendant’s claim that he ‘couldn’t remember’ what happened during the stabbing the prosecutor described this as a ‘rather large and convenient gap in his memory’.
The teenager, Mr Temkin KC said, didn’t ‘push back, punch or kick’ after being punched but, instead, pulled the knife ‘straight away’.
“He used it within a split second. These are deliberate, frenzied and repeated stabs,” the prosecutor added.
He said the teen had the ‘presence of mind’ to switch the knife from his non-dominant hand to his dominant one during the incident and went ‘straight for the chest’.
Mr Temkin KC described the defendant’s actions, after Christoher had punched him in the garden causing ‘very little injury’, as ‘over the top, disproportionate, unnecessary, unlawful and unreasonable’.
“However you look at it, the prosecution say, X’s (the defendant's) response was completely and utterly unreasonable.” - Prosecutor David Temkin KC
He added: “The prosecution say X (the defendant) intended to kill, or at the very least cause really serious harm.”
‘Lying’
In his own evidence the defendant told the jury he did not believe the fight would happen or that Christopher would come to Ramsey.
The prosecutor said the defendant had ‘misled’ the jury with these claims adding: “We suggest he hasn’t been honest. He’s not told you the truth. He’s not told the police the truth.
“X (the defendant) lied, I suggest over and over again, when he refused to accept they were coming to Ramsey.
“He knew perfectly well they were on the way to Ramsey. He would not accept that he knew they were coming to his house. He has lied his way through his evidence on that topic.”
Manslaughter
This morning jurors were told that if they found the defendant not guilty of murder, in their deliberations, they would be able to consider the alternative charge of manslaughter.
Addressing this point the prosector told them: “Putting it bluntly, this is a case of murder.
“Look at the evidence. It’s obvious isn’t it. He either intended to kill him or cause him really serious harm.”
The Trial
You can read more about the defence's closing statement HERE.
The defendant denies the offence of murder.
The trial is expected to continue tomorrow (22 October).
You can find out more HERE.
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