Ryan Passey's family believe new evidence justifies a fresh court case, but have been denied.
and discovered what Passey's family said was "strong evidence" that was "previously unavailable at the original trial", but the Director of Public Prosecutions ruled it did not justify new proceedings.
The family said they felt let down by the criminal justice system and would seek a judicial review of the decision. The CPS said the DPP, Stephen Parkinson, had met with the family to explain the decision and that the bar for permitting retrials in very serious cases - also known as double jeopardy law - was "exceptionally high".
"We never hesitate to pursue cases under double jeopardy legislation when the legal tests are met, and will engage fully with any further proceedings in this case," a spokesman said. Passey was 24 when he suffered a single fatal wound to the heart during a night in August 2017. The man accused of his murder, Kobe Murray, was 19 when he stood trial.
He admitted the stabbing but said he had "pushed out" during an altercation in defence, not intending to use the knife.after successfully arguing he had been unlawfully killed. West Yorkshire Police carried out an independent review prompted by the family's concerns about the original investigation. Detectives uncovered new evidence which was referred to the CPS but was told earlier this year the DPP "did not have sufficient grounds to quash the acquittal and lodge an application for a retrial".
The force said it would await the outcome of the legal challenge by the family and added: "As always, our thoughts remain with Ryan's family and all of those affected by his death.
"The family believe the legal challenge will cost them tens of thousands of pounds, causing them "financial hardship". " did the work and they got new evidence which we thought was good evidence - and we still think that evidence would a difference. " Phil Taylor, her husband, described the decision not to seek a fresh trial as a "kick in the teeth" and Gill said it had left the family "deflated".
Adrian Passey, Ryan's father, said they had been encouraged by the findings of the re-investigation by West Midlands Police. He said he strongly believed the new evidence was worth taking to court and added: "We'll never give up, we'll keep fighting for Ryan.
" The family said they appreciated the meeting with the DPP "even though we profoundly disagree with the decision made". They have been supported by the former MP for Stourbridge, Suzanne Webb, who said the justice system was "letting them down.
" She said she was seeking to get the family a meeting with the Secretary of State for Justice, David Lammy, and theGill Taylor said the family would not stop fighting for her son. Follow BBC Birmingham on
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