Jay Jones was battered a total of 11 times around the head and face by his playmate after the toddlers were left alone in a family car.

The child had no means of escape from the locked vehicle as his assailant continued to lash out even though terrified Jay was screaming out in pain and bleeding profusely.

He was eventually rescued when his attacker’s parents heard his screams and noticed the car windscreen had been cracked, such was the ferocity of the assault.

Now in a legal first, leading Merseyside law firm Kirwans Solicitors has won a ruling allowing Jay, now five, to claim for compensation for the injuries he received, despite the fact his attacker was never prosecuted because of his age.

The youngster still bears the scars of the frenzied attack in which he received stitches to his face and head and was in hospital for two days.

His mother Renai Williams, 29, says her son was left looking like the Elephant Man following the brutal assault by another child – who cannot be named for legal reasons.

Recalling the terrifying incident the mother-of-three said: “I thought Jay was dead when I saw him first. There was blood everywhere and he was limp and lifeless, it was a sight no mother should ever have to see.

“We got a phone call saying Jay had been hurt and asking us to come round, initially we thought it was nothing more than the usual bump and scrapes kids get involved in.

“But as we turned the corner we noticed the family’s car windscreen was cracked and immediately knew something terrible had happened.

“We ran in to the house and saw Jay lying there barely conscious and covered in blood. We asked what had happened and they simply pointed to a car jack covered in blood, I felt sick.”

Within hours, the doctors at Arrowe Park Hospital, Merseyside, were confident that Jay would survive but it was much longer before they could confirm he would suffer no lasting brain damage.

The brave toddler was fit to leave hospital 48 hours later but the swelling on his face took a month to subside.

He suffered nightmares and bed wetting for months afterwards and was terrified to go anywhere on his own, or near windows because it reminded him of being in the car.

Ms Williams, from Wirral, Merseyside, was determined to get justice for her son and the case was taken up by leading Merseyside law firm, Kirwans Solicitors.

Michelle Armstrong of Kirwans Solicitors said the incident was a deliberate act of violence that would have constituted a crime had it not been for the age of the attacker.

She added: “Kirwans felt compelled to take on this case because it involved a serious attack upon a small child and it appeared right and just that he be compensated for his injuries.

“The trauma experienced by him while locked in a car and beaten with a car jack must have been horrendous.”

The boy who attacked Jay has since been taken into care.

Ms Williams added: “This has been a long and hard-fought process, we have been knocked back twice by the Criminal Injuries Compensation Authority (CICA) because in my opinion they didn’t take my son’s case seriously.

“But my son was hit 11 times on his head and face with a car jack, his attacker kept on lashing out even though Jay was screaming out in pain and covered in blood. How serious does it have to be?

“It was a vicious attack which such force that his attacker, who was also only three himself, managed to crack the car windscreen. 

“He has since been taken into care and will no doubt be given lots of support by social services, whereas we as a family have simply been left to pick up the pieces and get on with our lives.

“To this day I still have no idea why that boy attacked my son. Nobody has ever bothered to give me a reason why, it will always remain a total mystery.” 

Michelle Armstrong of Kirwans Solicitors added: “Although the CICA rejected the case twice, questioning whether the actions of a three-year-old perpetrator could constitute a ‘crime of violence’, we argued that the age of the perpetrator was irrelevant when claiming compensation from the CICA. And it was on this point that we won.

“The next step in the process will be to present evidence of the injuries and the effects of the incident on the child, including medical evidence, to a Tribunal Judge so that a compensation award can be considered.”

ENDS

Note for Editors
If you require any further information please contact Gary Quinn at Mason Media on 0151 239 5053 or 07745 962401 or email gary@masonmedia.co.uk

David Kirwan, Senior Partner of Merseyside-based Kirwans Solicitors, hopes to win the backing of the Court of Appeal to have the case reopened.

John Taft, the former Managing Director of a glass company, was convicted of murdering Mrs Bolshaw in 1999 – 16 years after she was found dead in the bath at her home in Heswall, Wirral. 

The case, dubbed the “Beauty in the Bath” affair, saw hundreds of men DNA tested after advances in forensic science techniques encouraged police to reinvestigate.

David Kirwan, one of the region’s leading campaigning criminal solicitors, agreed to take on the case after meeting Taft and his family.

In the last few days, the case has taken a dramatic new twist after Mr Kirwan discovered that the forensic material from the trial has not been destroyed or lost as originally feared. He believes that some of this evidence, which was not made available at Taft’s trial, could form a vital part of any new Appeal.

Mr Kirwan said: “Fundamental mistakes were made both before and during the trial which meant that a lot of vital evidence was simply not presented to the jury.

“Having reviewed the case, it is clear that the police, lawyers and forensic science teams were responsible for a catalogue of blunders which may have led to the conviction of an innocent man.

“We believe we will be able to not only show that John Taft could not have been the murderer but also point the finger of suspicion at another visitor to Cynthia Bolshaw’s house on the night of her murder.”

Mr Kirwan is continuing to review the case and interview a number of people involved in the original investigation and trial.

Within a matter of months, he hopes to be able to seek leave to appeal. Should the Appeal be granted, Taft will be aiming to have his conviction struck out or a new trial ordered.

Mr Kirwan said: “Within hours of starting to work on this case, I became extremely concerned that this is one of the most serious miscarriages of justice I have come across in more than 40 years as a criminal solicitor.”

Taft’s campaign for justice is supported by his second wife Susan, to whom he had only been married 19 days, when police arrived at their house in April 1999 to question him over the death of Cynthia Bolshaw.

Throughout his time in jail, Taft has always maintained his innocence.

NOTES TO EDITORS

• For more information or interviews with David Kirwan, please call Gary Quinn at Mason Media on 0151 239 5053 or 07745 962401 or email gary@masonmedia.co.uk