Defence: 'Consider this case through a child's eyes'

Jury told defendant was 'living in a virtual world'

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A warning that this story contains information which some readers may find distressing.

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Jurors have been asked to consider the evidence presented in a teenage murder trial ‘dispassionately’ and to reach a verdict on the ‘hard facts’.

Closing statements have been made in the case of a 16-year-old-boy accused of murder.

The defendant, who can’t be named for legal reasons, 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 was also 14 at the time, admits inflicting the fatal blow but claims he was acting in self-defence.  

‘Tragedy’

Advocate Siobhan Grey KC started her closing statement for the defence by telling jurors whenever someone loses their life it is a ‘tragedy’.

“The word tragedy is terribly overused, and misused, in our everyday society,” she said.

 “It is a true tragedy for his (Christopher’s) loved ones and his friends and nothing can change that.”

Setting out the defence case she asked jurors not to compound the tragedy by convicting the defendant of murder.

‘Disinhibition’

Messages and voice notes, sent between the defendant and Christopher and other teenagers, in the run up to, and on, 29 May 2025 were ‘important’ Ms Grey KC told the court.

In them both boys - who had never met in person - were trading insults and threats to kill each other; the defendant had made the first three and 11 in total.

They also arranged for a fight to take place outside the defendant’s home with the defendant sending his address and postcode and telling the group: “Come Ramsey”

“We’re not shying away from the voice notes,” Ms Grey KC told the jury. “We say they’re important.”

But she reminded jurors: “There are so many messages from Christopher threatening X (the defendant).”

The social media correspondence, Ms Grey KC said, was a key issue ‘at the heart of the case’ which showed ‘the contrast between the online world and the real world and how they differ.’

She said they proved the ‘disinhibition’ the defendant was experiencing in the ‘virtual world’ adding he was at home, on his own in his bedroom, which made him more ‘empowered’.

“The only way he was able to engage was through social media. He thought he was able to live in his online Snapchat world, on his own, in his bedroom.” - Defence Advocate Siobhan Grey KC

Ms Grey KC maintained that whilst he appeared ‘tough’ in that setting he actually believed the conversation was ‘all talk, all bravado’.

Christopher, however, she said was ‘recruiting’ other people to attend the fight - initially due to be a ‘one on one’ altercation.

Ms Grey KC said it was only when the Castletown boy, and eleven other teenagers, appeared outside the defendant’s home after 3pm on 29 May that the messages became ‘a reality’.

“He (the defendant) doesn’t want them coming in (his house) so he goes out,” she added.

‘The camera never lies’

CCTV footage which showed Christopher, and two friends, on the bus to Ramsey - and one of the teenager’s making a knuckleduster and punching - was played again to the jurors.

Ms Grey KC told the court: “They were coming for X (the defendant). The camera never lies,” she said adding they were ‘acting out what was going to be happening’.

It was, she said, independent verification, of the threat posed to the defendant.  

She also reminded the jury that the defendant didn’t start the violence outside his front door and was punched by Christopher first.

She added that none of the other teenagers outside had given the defendant any reassurance that they weren’t going to join in.

Addressing the knife, which was in his left hand trouser pocket, she said: “Why would you put a knife in your non-dominant area, non-dominant hand? Because you don’t really want to use it.”

Ms Grey KC also questioned the reliability of some of the teenage witnesses who she said had ‘lied and lied’ to the police asking the jury to be ‘very careful’ about the evidence they gave.

“He was an awkward kid. He was, at that time, an overweight, fat kid who didn’t come out of his bedroom. He didn’t want to fight.” Defence Advocate Siobhan Grey KC

She added that the prosecutor’s point about the difference in weight between the two boys was ‘superficial’.

Christopher, she said, was a ‘fighter’ as evidenced by the videos played to the jury of him assaulting other children at Castle Rushen High School.

The defence advocate said they showed ‘big or small he’d take them on’ and that the 14-year-old was ‘fearless in a fight’.

‘Child’s Eyes’

Claims, from the prosecution, about the defendant’s memory being selective were unfounded Ms Grey KC said adding: “X (the defendant) isn’t lying. There are times he couldn’t remember things that might have helped him.”

The jury was reminded - through a series of agreed facts - about the defendant’s diagnoses of Autism and ADHD which had been made on 31 March 2025.

It was two years and four months after he was first referred to the Isle of Man Children’s Mental Health Service.

These conditions, and a later diagnosis of social anxiety disorder, had been ‘chronic and went unmet for many years’ jurors were told.

Ms Grey KC also reminded them of the defendant’s ‘borderline’ intellectual ability and the fact he was considered in the bottom two percent of the population.

“His cognitive level was very, very low,” she added: “There’s no compensatory mechanism.”

In his closing speech Prosecutor David Temkin KC had asked the jury to be ‘careful’ with the concept that the defendant was presenting as a much younger child at the time of the offence.

 “Autism, ADHD and social anxiety - they don’t provide a defence for murder,” he added.  

In response Ms Grey KC told the jury; “Of course the prosecutor is going to say that because they know that’s a problem for them.”

“This is not like you read in the newspapers where everyone is being diagnosed with ADHD and Autism,” she told the court.

“These are real conditions with real limitations, with real impairments and so they can’t be ignored. You’re having to look at the world effectively through a child’s eyes.”

‘Fear’

Reminding the jury the defendant was socially isolated, and hadn’t been going to school, Ms Grey KC also highlighted the fact the knife used was found between his ‘Star Wars lightsabre and fishing rod’.

Claims that he’d misled the police in his prepared statement, she said, were ‘totally wrong’.

She said the incident where Christopher was stabbed was ‘dynamic and fastmoving’ adding the defendant’s fear level was ’10 out of 10’ because he believed 30 people were outside.

He was, she said, ‘a young person who is frightened, who has been attacked and who thought it was going to continue’.

“Had he not stepped in, what would have happened to X (the defendant)?” she questioned.  

Ms Grey KC also emphasised that the defendant was ‘of good character’ with no criminal convictions, cautions or reprimands.

Inviting the jury to find him not guilty of murder she said the evidence presented by the defence ‘shows just how frightened X (the defendant) was and just how much his fear was right.’

The Trial

You can read more about the prosecution'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.