£22k arson charges dropped against boys when witness Benjamin Carter-Griffiths failed to turn up to court
08:00, 01 February 2016
updated: 08:26, 01 February 2016
Three children on trial charged with destroying thousands of pounds worth of equipment in an alleged arson attack have had the case against them thrown out.
The boys, aged 11, 12 and 13, were accused of setting fire to a trailer at Highlands Farm, Highlands Hill, Swanley, on September 20 last year and wrecking £22,000 worth of events equipment, including a marquee, belonging to Benjamin Carter-Griffiths.
The trio from Swanley, who cannot be named for legal reasons, turned up at court in their school uniforms and with their parents and grandparents.
Mr Carter-Griffiths was unable to attend because he was on a business trip, and the prosecution could not proceed.
Andrew Main, for the Crown Prosecution Service, said that at around 11.55am, Mr Carter-Griffiths saw smoke in the yard, found the trailer alight and tried to put it out with a hose while waiting for firefighters, as he was concerned it could spread.
Accelerants were found by the police, and CCTV was checked.
Mr Main added that while viewing CCTV at around 1.30pm, one of the officers heard voices from the bushes and arrested two boys on suspicion of arson.
"I am left with no option but to offer no evidence" - Proscutor Andrew Main
Treated as a joint enterprise, police said all three boys took part in the crime.
Two days before the trial, Mr Carter-Griffiths told police he had business in Strasbourg and not to go would cost him thousands.
Aska Fujita, representing one of the boys said: “While he is a businessman and it is perhaps understandable he would prioritise that over this trial, he has chosen not to be here.”
Magistrates’ agreed to proceed but refused to allow Mr Main to submit a statement from him.
Mr Main said: “I am left with no option but to offer no evidence.”
Dennis Clarke, representing one of the other boys, managed to recoup travel expenses for his client, for numerous trips to court hearings.
Funded by the taxpayer, the cost to prosecute on that day alone would have been upwards of £200.