The judge authorised naming of 17-year-old boy charged with three counts of murder and 10 of attempted murder
Axel Rudakubana, a 17-year-old boy is charged with killing Alice Dasilva Aguiar, 9 years old, Bebe King, 6 years old, and Elsie Dot Stancombe, 7 years old, using a kitchen knife. The attack took place at a dance class on Hart Street in Southport, Merseyside. 8 other children were injured from the attack, five of them left in critical condition, and two adults also sustained critical injuries.
Judge Menary KC decided to release Rudakubana’s name following extensive online misinformation, incorrect identities of the murder, and false claims that a Muslim immigrant was responsible for the murders. The Judge said “It was in the public interest for the murderer’s name to be released”.
Legal reasons for any previous anonymity on Rudakubana
All cases involving a juvenile (up to and including the age of 17) is protected under section 45 of the Youth Justice and Criminal Evidence Act 1999. This act allows Judges to issue anonymity orders to protect young defendants. However, in Axel’s case, Judge Menary argued that he was confident in Rudakubana’s safety while in youth detention.
Furthermore, Article 8 of the European Convention on Human Rights (ECHR) safeguards the right to respect for private and family life. This provision establishes a framework for protecting the identity of suspects, ensuring they are treated fairly and their privacy is upheld. In addition, Lord Justice Leveson has argued that the identity of arrestees should only be disclosed to the media or the public under exceptional circumstances.
Both defence and prosecution lawyers requested that Rudakubana’s anonymity be maintained until the 7th/08/ 2024 when the accused will turn 18 and to allow the police more time to ensure the safety of his parents and 20-year-old brother. However, Judge Menary noted that the family had already been relocated for their protection.
What happened in Court
According to the Guardian, during a 55-minute hearing, Rudakubana covered his face with his sweatshirt and refused to speak, including confirming his name. He was seen rocking back and forth. Rudakubana is scheduled to appear at Liverpool Crown Court on October 25, with a provisional six-week trial set to begin on January 20.
Judge Menary addressed Rudakubana, who kept his head down and did not respond, stating: “You are remanded to youth detention accommodation until these proceedings have been completed. That position might change when you achieve your majority shortly.”
Lifting the anonymity order, Judge Menary cited “idiotic rioting” in the UK following the attack as a reason for making Rudakubana’s name public, stating it was in the public interest. He emphasized that maintaining anonymity could allow the spread of misinformation. Rudakubana’s upcoming 18th birthday, the judge noted, could also trigger further public disorder. Judge Menary described the allegations against Rudakubana as “shocking” and of the utmost seriousness, stressing the public interest in knowing the defendant’s identity to help dispel existing misinformation, especially online.