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Pair who chased boy onto railway tracks at Westgate-on-Sea station spared jail

Two thugs convicted of being part of a masked mob that left a boy with life-changing injuries from being electrocuted on train tracks posted a Snapchat video of themselves seemingly laughing and joking outside court as they waited for the jury's verdicts, it has been revealed.

The apparently mocking antics of James Odero and Declan Stewart were even viewed by the young victim who, along with his family, has condemned the lack of remorse or compassion shown by the pair for the consequences of their near-fatal "senseless and cowardly" actions.

Declan Stewart took part in the shocking gang attack at Westgate-on-Sea railway station. Picture: Facebook
Declan Stewart took part in the shocking gang attack at Westgate-on-Sea railway station. Picture: Facebook

Canterbury Crown Court heard the footage was filmed by 20-year-old Stewart outside the building in March this year.

At the time, Stewart and Odero, 21, were on trial accused of "assisting and encouraging" the unprovoked and horrific attack on 16-year-old Ted Warne-Harvey at Westgate-on-Sea railway station.

Recording himself stating “what a day”, Stewart then uploaded the video to the social media platform and, having been circulated, it was sent to the victim by one of his own friends.

Odero, formerly of Margate Road, Ramsgate, but now living in Chatham, and Stewart, of St Christopher Close, Margate, had both denied playing any part in the violence inflicted on Ted by the marauding gang on September 26, 2021.

But having been found guilty of causing him grievous bodily harm and returning for sentencing yesterday (May 9), the existence of the Snapchat footage was revealed.

Both Ted and his mum, Laura Harvey, spoke of its impact - as well as the catastrophic consequences of his injuries from tripping on a live rail while being chased and then twice struck with a hammer by one assailant as his body began "smoking" - in statements read out to the packed courtroom.

James Odero, along with Stewart, filmed a Snapchat video outside the court while waiting for the jury's verdict. Picture: Facebook
James Odero, along with Stewart, filmed a Snapchat video outside the court while waiting for the jury's verdict. Picture: Facebook

Ted, who did not know any of those who ambushed him that Sunday afternoon, wrote: "After the trial, I was sent a message by a friend to say Declan Stewart and James Odero had posted a Snapchat video of them laughing outside court while they were waiting for the verdict.

"It shows this means nothing to them and they think it's cool or funny they might go to prison. It's like the attack was still going on."

His mum fought back tears as she read both her son's and her statement at this week’s hearing, telling the court that Odero and Stewart were "laughing and joking" in the footage.

Having also attended the trial and watched the pair give evidence, she added: "There is no true apology or compassion for what has happened."

Prosecuting barrister Patrick Dennis also argued that the footage, coupled with "significant lies" told by the defendants at trial, demonstrated that neither was remorseful for their criminal behaviour.

But on sentencing the pair - both with a history of violent offending including a separate attack at Margate train station on a group of Afghan foster children - Judge Sarah Counsell attributed the recording, which she had viewed, to "bravado from immature men in a nervous situation".

Declan Stewart and James Odero (pictured) were among a masked mob who attacked Ted Harvey-Warne before he was electrocuted on the railway tracks. Picture: Facebook
Declan Stewart and James Odero (pictured) were among a masked mob who attacked Ted Harvey-Warne before he was electrocuted on the railway tracks. Picture: Facebook

Stewart himself, in a letter to the court, apologised and said he had meant no disrespect.

At trial, the court heard Ted had gone to the station that day with his 16-year-old girlfriend Brooke Wanstall to sell his bike.

On arriving, however, he was ambushed by the gang and chased back into the station where two of his balaclava-clad assailants - just 15 years old and wielding a hammer and pole - pursued him onto the tracks.

Stewart, aged 16 at the time, and Odero, then 17, acted to block off any possible escape route for Ted as another of the young hoodlums filmed the unfolding incident on his phone, the court heard.

Although he was himself unarmed, Stewart also jumped down onto the tracks as Ted, having fallen over in his desperate bid to flee, was being hit with the hammer.

The gang then fled, leaving the stricken teenager to his potentially fatal fate until a brave witness clambered down to rescue him.

‘I was feeling weaker and weaker but couldn't move and was almost waiting for the last burst that would kill me…’

The court heard Ted suffered an electrical burn down to the bone and later needed three operations, including plastic surgery to his elbow and hand injuries.

However, the college student was forced to give up his plumbing course, and his hand was left "wasted and withered". He also suffered nerve damage and it is not known if he will ever fully recover.

Describing in one of two statements the terrifying feeling of the electricity running through his body, Ted said: "With every burst I felt like I was dying.

"I was feeling weaker and weaker but couldn't move and was almost waiting for the last burst that would kill me.

"I don't know how long I was on the track but now know I would have died if help had not arrived."

He also detailed how he had been left with so many questions about the attack, including why he and Brooke had been targeted by the "excited and shouting" youths.

The attack happened at Westgate-on-Sea station as Ted was going to sell his bike
The attack happened at Westgate-on-Sea station as Ted was going to sell his bike

"I just don't understand why this happened to us, why they had to ruin my life," he said.

Ted was not required to give evidence at trial and did not attend the sentencing hearing.

His girlfriend, Brooke, later tragically died in an unrelated incident with her mother when they were overcome by carbon monoxide fumes in a burger van in Whitstable in February 2023.

But her statement made to police after the attack was read out at Friday’s sentencing hearing.

She said she was left suffering from flashbacks and nightmares, feeling safe only in her bedroom, and fearful of attending work or college.

Describing the incident as "senseless, cowardly and unprovoked", she also expressed her hope that Ted would one day get the justice he deserved.

‘His hand is wasted and withered and he has had to leave his college course with his lack of dexterity impacting his whole future…’

"This incident has severely traumatised me... no one should have to go through what myself and my boyfriend have gone through."

Ted's mum spoke of her distress from not only the "horrific sight" of his burns and the hole in his arm from being "stuck" to the rail, but also how he told her he could feel himself dying "with every shock" until he was pulled off the rail.

She also praised the bystander who saved him, and revealed that officers from British Transport Police had told her of the rarity of people surviving such electrocutions.

"People talk about life-changing injuries and Ted has truly suffered this," added Mrs Harvey.

"His hand is wasted and withered and he has had to leave his college course with his lack of dexterity impacting his whole future.

"The mob mentality of the youths setting out with the full intention of attacking two innocent people without thought to the consequences, which could have been fatal, is shocking.

"It's not until you see the actual (station CCTV) footage that you realise just how terrified Ted must have been.

"Brooke witnessed the whole incident and she told me after that the boys were laughing as Ted was smoking and they only left the scene because they thought he was dead.

"I'm just thankful he is still here but it's terrible to think how badly they would have assaulted him if he had not been electrocuted."

Referring also to Stewart and Odero's involvement in the unrelated attack at Margate station 10 months earlier in December 2020, Mrs Harvey continued: "It appears they don't care about the consequences, only about their own sick enjoyment of being involved in a mob or gang.

"My son almost died and will continue to suffer the consequences for the rest of his life."

At trial, both defendants maintained they had never intended any harm to be caused to Ted that day.

Canterbury Crown Court
Canterbury Crown Court

Unemployed Odero told the jury that although his actions had helped to "trap" him, he had simply wanted to steal his phone.

Stewart, who had a job in McDonald's at the time but now works as a roofer, denied having any knowledge of a plan to rob Ted or any involvement in a confrontation.

He claimed to have jumped onto the tracks because he was "worried for everyone's safety" and wanted to stop the attack.

Although they were convicted of causing GBH, they were both cleared by the jury of the more serious offence of causing GBH with intent.

Stewart was also found guilty of violent disorder - a charge Odero had admitted.

Odero has five previous convictions for 12 offences, including affray, battery, threatening behaviour, criminal damage and violent disorder.

Stewart, the court heard, has four previous convictions for six offences, including violent disorder, assault, possessing a knife and possessing cannabis.

The court heard both were either on police bail or under investigation for other offences when they took part in the attack on Ted which, the prosecutor said, had involved "a significant degree of planning".

"They were part of a gang, knew full well what was to happen and were willing participants," added Mr Dennis.

"Ted was clearly vulnerable given the circumstances he found himself in. He was with his girlfriend, thinking he was going to sell his bike, only to be met by a baying mob of 12 to 14 lads, some of whom were tooled up.

"The railway tracks posed a risk and sadly that risk manifested itself by what came to pass."

A letter written by Stewart in which he expressed his feelings of "regret and guilt" and described the incident as "a wake-up call" that had made him realise how "immature and stupid" he was, was read to the court by his barrister, Kane Sharpe.

‘I will have years to think about that day and have had the same thoughts of guilt and regret…’

He wrote: "I would like to start by saying how sorry I truly am. I understand the pain and trouble Ted and his family have had to endure and how life-changing it has been for him and his family," he wrote.

"I will have years to think about that day and have had the same thoughts of guilt and regret.

"I cannot stress enough how much I wish for him and his family that it never happened.

"But I cannot change the past, only use it to reflect and become a better person for myself and everyone around me."

The Snapchat post was, Stewart added, "in no way, shape or form intended to mock or make a joke".

"What a day is something I always say and was making light of the stress and the bad situation," he continued.

"I didn't mean any disrespect and I apologise if it came across in that way."

Mr Sharpe told the court that not only was Stewart's remorse genuine and sincere, but that he also "acutely understands" the pain caused to the victim and his family.

He also said that had there not been a two-year delay in charge, Stewart would have been dealt with in the youth court.

Furthermore, the lawyer argued that justice would be better served with a community-based punishment rather than sending him to prison, having made positive changes in his life, stayed out of trouble since and now working full-time.

Referring to the contrition spoken of in Stewart's letter, Mr Sharpe added: "I urge the court to allow him to keep his liberty and his promise to Ted and Ted's family."

John Barker, defending Odero, highlighted the difficult childhood he had experienced, having been placed in care at birth and then brought up in foster homes.

‘As a group, in a gang, you behaved like selfish cowards, all on one young man…’

But he said since the attack on Ted, which had had a "tragic but unintended outcome", his client had made "so much" progress given his start in life, and was hopeful of finding a job in the very near future.

Mr Barker also attributed the Snapchat video to "bravado in an extremely difficult situation", adding they had not expressed any "disrespect to the court or those involved in the court process" in the footage.

In deciding the appropriate punishment, Judge Sarah Counsell told Stewart and Odero she was "just persuaded" that they could be spared custody, having taken into account their age and immaturity, as well as the impact "more sophisticated" offenders might have on them within the prison environment.

But she said their actions that day, in public and in front of horrified bystanders, had left their victim with life-long and catastrophic injuries.

"As a group, in a gang, you behaved like selfish cowards, all on one young man," the judge told the pair.

"You were all in masks, in balaclavas, and you ran away rather than trying to help him.

"You gave no thought to him, to his girlfriend, or to the other people at the station who must have been terrified at the sight of a gang, masked, chasing one young man and two with a hammer and pole."

But she said she had not put any "significant weight" on the Snapchat post when dealing with the question of remorse.

"There is an element of remorse felt keenly and genuinely by both of you. The video makes difficult watching, no doubt for you, Ted's family and Ted himself.

"It seems to me it was bravado committed by immature young men in a situation where you were nervous about the likely verdict of the jury."

Odero was sentenced to 21 months' custody, suspended for two years and Stewart to 24 months’ custody, suspended for the same period.

They were both ordered to attend 26 sessions of an accredited programme requirement and 10 rehabilitation activity requirements, as well as undertake 240 hours of unpaid work.

‘There is an element of remorse felt keenly and genuinely by both of you. The video makes difficult watching, no doubt for you, Ted's family and Ted himself…’

The judge also ordered them to each pay compensation of £2,400 at a rate of £100 a month for the next two years, and imposed a year-long, electronically-monitored curfew between 7pm and 6am.

In doing so, she told the pair: "That will serve to remind you every evening of what it is Ted cannot do as a result of your actions."

Stewart was told to make his first compensation payment within 28 days and Odero within three months.

Warned of the consequences if they failed to comply with the conditions or commit further offences in the next two years, Judge Counsell added: "I don't want to see either of you back before me again."

Having then asked if they understood, Odero replied "yes" while Stewart simply nodded.

The two teenagers who had wielded the hammer and pole in the attack - Kaya Barratt and Harvey Kara respectively - were convicted in separate youth court proceedings of causing grievous bodily harm with intent and handed 20-month youth rehabilitation orders.

Although 15 at the time of the attack, they can be named as any anonymity order imposed by a court automatically expires once a defendant is 18.

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