Solicitors acting for the family of a father who died after being punched ‘tremendously hard’ on a night out say criminal investigations must now be reopened after a Coroner ruled he was unlawfully killed.
Riccardo Holness, 42, was rushed to King’s College Hospital, where he remained on life support until his death a month later, following the attack on him outside a nightclub in Beckenham High Street, on October 17, 2021.
His attacker, Thomas Spicer, was arrested on suspicion of causing grievous bodily harm but was not charged with any offences. The Crown Prosecution Service (CPS) discontinued the case after deciding there was not a realistic chance of conviction.
A post-mortem gave the cause of death Mr Holness’ death as blunt force trauma to the head.
Mr Spicer was called to give evidence at the Inquest into Mr Holness’ death this week, where he was advised by Edmund Gritt, assistant coroner for south London, that he did not have to answer questions if he felt he may incriminate himself.
He declined to answer a series of questions and allegations put to him over the attack.
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The attack was ‘completely unreasonable’
CCTV footage was played which showed an altercation between Mr Holness and Mr Spicer’s friend, Jack Henderson, outside My Place bar. The footage showed Mr Spicer punch Mr Holness in the face, knocking him to the ground.
Mr Spicer admitted to punching Mr Holness, and in his police interview, he said he’d had a couple of pints of larger, three or four double rum and cokes and a couple of Jägerbombs before the altercation, but claimed not to have been drunk.
When questioned at this week’s Inquest, he refused to answer as to whether he might have better appreciated the risks involved in throwing a punch had he not drunk so much, and also declined to answer whether he had considered other ways to de-escalate the situation.
The Inquest heard allegations put to Mr Spicer that he had ‘taken a run up and punched Mr Holness tremendously hard’ using force that ‘was completely unreasonable in the circumstances’ – allegations he refused to comment on.
He also refused to answer allegations that he had stamped on Mr Holness while he was on the floor, and attempted to punch him again.
Doorman Enio Cardoso, who had intervened at one stage, said Mr Holness had not appeared to have posed a threat to anyone, and said there was no indication that he was about to attack anyone.
He said Mr Holness was not sober enough to defend himself and was not looking towards Mr Spicer when he came from the side and punched him. He told the court the punch thrown by Mr Spicer knocked 6ft2 Mr Holness off his feet.
Assistant coroner Mr Gritt described the attack as a ‘punch at explosive speed’, which was delivered with ‘full force’, with Mr Spicer having ‘ran at Riccardo at speed’, using a ‘small jump, pushing off his body weight’ to make the punch.
He said that Mr Holness was not looking his way at the time, leaving him with no opportunity to defend himself, as he wouldn’t have seen the punch coming his way.
He said the force used was ‘deliberate, unreasonable and unlawful’, causing Mr Holness’ death, and recorded a conclusion of unlawful killing.
Solicitors say criminal investigation must be reopened
Tracy Thames, of Hudgell Solicitors, represents the family of Mr Holness and says a ‘thorough reinvestigation by the Crown Prosecution Service’ is now required. She said:
This is a hugely important finding by the assistant coroner and we thank him for the extremely thorough manner in which he has conducted this Inquest, ensuring all available evidence has been considered.
Ever since Riccardo’s death, his family has felt there has been a lack of full and proper investigation, and it has taken almost three years to reach this important stage today, where a court has recognised that he died as the result of an unlawful act.
A fresh, thorough investigation must now be opened by the Crown Prosecution Service, taking into account all the evidence which has been before this inquest.
We will be making representations on behalf of the family to the CPS in this regard and asking for it to reconsider its decision over possible charges relating to the attack on Riccardo, and his subsequent death.
Not to do so, in our view, would represent failings in the justice system given the Corner’s findings today, and would also send out the wrong message with regards to the consequences of carrying out attacks which result in serious injury and the loss of lives.
‘A first step towards justice’
Mr Holness, who lived in Thornton Heath, was described as somebody who ‘always gave his time to others’ by his older sister Ramona Marsh, from Sevenoaks, Kent.
She has campaigned for criminal charges to be brought over his death, previously appealing the CPS decision not to charge Mr Spicer via the Victims’ Right to Review scheme.
She eventually secured legal representation at the Inquest via Hudgell Solicitors, who instructed barrister Emily Mitchell, of Farrar’s Building. She said:
Today feels like a first step towards justice for Riccardo, but it shouldn’t take almost three years of having to fight for any form of justice to reach this stage.
Until this week, Riccardo’s attacker has been able to hide away from what he did on that night. Now, his actions have been considered in a court, and have been found to have been unlawful.
Knowing Riccardo’s nature and character, we have believed from day one that he would not have been the aggressor and that he would not have been a threat to anyone. It was not in his nature, and that has been demonstrated in the evidence at the Inquest.
Although we feel this is a major step forward, we won’t take anything for granted, as we have been let down and left feeling heartbroken too many times before.
We won’t stop pursuing justice for Riccardo though, and want to thank our legal team for ensuring this Inquest was able to consider all the evidence, resulting in this very important verdict.
Riccardo was always a person who enjoyed the company of others. He rarely went on a night out as he worked seven days a week. He enjoyed talking to people from all walks of life, and he was always there for his family and his friends.
He was looking forward to the future as his business was growing and he had secured contracts with some high-profile companies. He was very charismatic and was loved by those who had the pleasure of meeting him.
He had many good qualities, he was generous, caring, thoughtful, humorous, humble and forgiving.
Our father and my mother’s husband passed away eight years ago. I have lost my little brother and my mother her only son. This has left an unimaginable pain from which both my mother and I will never recover.
Riccardo now needs us not to give up on securing justice for him, as we know he would have done for us.
