Gary Kelly

Gary Kelly was electrocuted at New Brighton station on 15 June 1986 whilst allegedly trying to escape from a man he was terrified of.

A 25-year-old man was initially convicted of his manslaughter and sentenced to 2½ years', but appealed and had his conviction quashed after it was ruled that he had done nothing unlawful.

It was stated that the May trial in Liverpool had been one about fear and its consequences.

It was heard that Gary Kelly had fled the man, known as 'Purple Akie', who had been 6ft 4in tall and powerfully built, as he was scared of him and that he had crawled onto the 650 volt live rail at the station to get away from him.

When the man was convicted at Liverpool Crown Court on Monday 18 May 1987 and sentenced to 2½ years, Gary Kelly's father was reported to have expressed anger at the sentence, describing it as disgraceful. He said:

At the trial the judge said that it was the most unusual manslaughter case that he had ever encountered, adding that it was manifest from the evidence that on the afternoon Gary Kelly died that he had had:

Purple Akie, an enthusiastic body-builder, was said to have waged a campaign of terror leading up to the death of Gary Kelly. When he was brought before the magistrates in December 1986, along with the manslaughter charge, there were 30 other charges involving assault, indecent assault and threats to damage property on which the judges found that there was a case to answer on all but four of the charges.

At the magistrates, it was submitted that witnesses against Purple Akie had invented stories worthy of the National Front itself.

However, the prosecution stated that it was fiction to say that racism caused the death of Gary Kelly, stating that his death was no accident as he had been trying to escape a man he feared.

Purple Akie had lived in South hill Road, Dingle and had been a city council messenger and a former Mersey Tunnels cleaner.

Gary Kelly had lived in Water Street, Birkenhead and had been a pupil at the Liverpool Institute.

It was alleged that in the days and weeks prior to Gary Kelly's death that Purple Akie had conducted a campaign of terror that had left Gary Kelly fearing for his life because he thought that he knew who had been writing racist slogans around Wirral.

It was heard that during those weeks that Gary Kelly's personality had changed from being a happy-go-lucky lad to a frightened, nervous boy who was always looking over his shoulder.

The prosecution stated that the case was about fear and its consequences, stating that because of the campaign of harassment waged by Purple Akie that just his near presence terrified Gary Kelly, and eventually led to his death.

The court heard that Purple Akie had stalked and threatened to kill Gary Kelly, whose mother had reported him to the police for assault.

The prosecution said:

It was stated that ironically, on his last day, that it was a tragic twist of fate that brought Gary Kelly and Purple Akie together, it being heard that Gary Kelly and his friends had spent the afternoon enjoying themselves at a swimming pool but that as they were leaving the cry went up, 'Akie's here', and that Gary Kelly became frightened and left his friends and fled to the nearby railway station seeking sanctuary.

Purple Akie, had in fact just arrived at the baths to await a lift home, but he also went to the railway station.

It was heard then that Gary Kelly spent some time hiding on a stationary train before then getting out and walking along the platform towards the ticket barrier where he then apparently saw Purple Akie. It was heard that although no one saw his last moments, it was submitted that Gary Kelly, in terror, then climbed off the platform under a train and accidentally came into contact with the 650 volt live rail and was instantly electrocuted.

Purple Akie was convicted of his manslaughter, but found not guilty of threatening to damage windows at Gary Kelly's home, and at the end of the trial, at the prosecutions suggestion, the judge ordered that twelve other offences of indecent assault and assault causing actual bodily harm should be ordered to lie on file.

However, Purple Akie later appealed his conviction at the Old Bailey on 10 November 1987 where it was ruled that he had done nothing to constitute an unlawful act or assault and his conviction was quashed.

The judge said that his appeal must succeed because trial statement’s by a friend of Gary Kelly could not amount to evidence of an assault by Purple Akie. The judge added that he and two other judges also had:

The appeal court heard that Purple Akie had been a very big black man of forbidding presence who felt animosity towards Gary Kelly. It was then stated that Purple Akie, perhaps wrongly, had thought that Gary Kelly knew who was responsible for certain racial graffiti. Also, an allegation of assault was made against Purple Akie by Gary Kelly's mother which led to some charge being laid, it being alleged that Purple Akie had threatened Gary Kelly and his friends some weeks before.

As such, it was heard that Gary Kelly was scared stiff of Purple Akie, even though he had never offered violence against him except for the alleged offence reported by Gary Kelly's mother.

The court then heard of the chance meeting outside the New Brighton Baths where Purple Akie was pointed out to Gary Kelly, causing him to walk away on his own to the station where he was seen climbing over the station gate, avoiding ticket control and onwards to the live rail where he was electrocuted.

It was heard that Gary Kelly's friend had stated that he had seen Gary Kelly in a nervous state on the platform and then saw him get into a stationary train after which he saw Purple Akie look into another train. Gary Kelly's friend then said that when Purple Akie left that Gary Kelly jogged in the same direction toward the ticket barrier where he saw him crouch low.

As such, the appeal court stated that the evidence of Gary Kelly's friend could not amount to evidence of an assault by Purple Akie against Gary Kelly, adding:

The QC opposing the appeal stated that what Purple Akie did was sufficient to be the necessary unlawful act, stating:

The QC stated that the only conceivable reason why Gary Kelly should have suddenly climbed off the platform was because he saw Purple Akie of whom he was scared stiff. He noted that Gary Kelly had left the baths and gone to the railway station because he wanted to get as far away as possible from Purple Akie who had stalked him and allegedly indecently assaulted him on previous occasions.

However, the judges, despite the claim of the QC that the mere presence of Purple Akie constituted an assault, upheld the appeal.

Following the ruling, Purple Akie's conviction for manslaughter was quashed and he was freed.

The judge added that the judge at the Liverpool trial had been wrong to find that there was a case to answer.

After the ruling, Purple Akie's solicitor said:

Purple Akie's solicitor added that Purple Akie had been branded a 'black bogeyman' in the racist atmosphere that surrounded the case and stated that his client may claim compensation for the 17 months he had spent in prison. He noted that it was Purple Akie's colour, which had led to his nickname, that had played a major part in the case.

He said:

It was reported that Purple Akie was to be released from Strangeways jail that night.