Second boy walks free in Damilola murder trial

A second defendant out of the four accused of murdering 10-year-old Damilola Taylor walk-ed free from court yesterday.

The latest setback for the prosecution, in one of the most emotive and high profile cases at the Old Bailey, came with the judge telling the jury that the 15-year-old, known as Boy D, was to be freed on "a matter of law".

Damilola's father, Richard, clutched his head in his hands and his mother, Gloria, looked down, as the boy, wearing a blue tracksuit and white trainers, left a packed court 12.

Mr Justice Hooper said: "I have considered very carefully the case against D and I have decided that as a matter of law the only proper verdict is one of not guilty. It is agreed by all counsel that I should not at this stage give my reasons for reaching that conclusion."

Boy D, who was 13 at the time of Damilola's killing, sat expressionless throughout the judge's ruling, picking his nose. One of the remaining defendants, one of two brothers, patted him on the shoulder. His sister wiped away tears.

Outside the court, his solicitor, Sean Longley, said: "My client is relieved that justice has been done and he is exonerated of any involvement in this terrible and tragic incident."

The evidence against Boy D had come from a girl who was the main prosecution witness until the judge told the jury to ignore her testimony because she was a serial liar.

Further evidence came from two teenagers who claimed he confessed to involvement in the killing while being held at a young offenders institution. But the court heard that one of the youths had been under psychiatric care since the age of six, had carried out 150 burglaries and had "lost count" of the number of robberies he had committed. One included a knife attack in which he threatened to "slice the belly open" of a 10-year-old boy.

The witness admitted to being "thoroughly dishonest" and to having been banned from a psychotherapy session for threatening to attack a woman analyst. The court also heard that he had "sought attention" by swallowing batteries and glass, cutting himself and trying to hang himself, exaggerating and fabricating stories to manipulate people in authority and, "acting impulsively without thought for the consequences of others".

The second teenager alleging "cell confessions" from Boy D was accused of being an experienced liar with a history of drug addiction.

Boy D was found hiding under his bed by detectives when he was first arrested two weeks after Damilola's death. He said that on the day of the killing he had been with an aunt in a neighbouring south London borough. But a social worker said she had seen him with a number of other defendants near where Damilola died less than an hour after the attack.

After being charged with murder Boy D was taken on remand to a young offenders' institution where inmates already knew he was a suspect in the Damilola murder case.

One of the prosecution witnesses, the court heard, said to Boy D: "I know what you are in for. You are supposed to have killed Damilola Taylor." Boy D is alleged to have replied: "I wasn't supposed to have done it. I done it." The witness allegedly asked: "Why did you do it for?" Boy D responded: "It was a joke that went wrong."

On another occasion Boy D was supposed to have told the witness he had not been involved, and this could be proved by CCTV records.

The trial continues.