Joel Carl Smith

Background

Joel Carl Smith (born 1973) was a drug dealer. He was also known as “Cocaine” or “Caine”. He was described as a man “of no fixed address”.

Toni-Ann Byfield was a seven-year-old schoolgirl. She was staying with Bertram Byfield when they were killed. She was in the care of Birmingham Social Services at the time of her death, and had been placed in the care of a foster family. When the foster family went on holiday, she was left with a friend of Bertram’s and was allowed to stay in Bertram’s bedsit for the weekend.

Before the shootings, it was believed that Bertram was the father of Toni-Ann; later information revealed that was untrue. The court heard that Bertram held a previous conviction for a drug offence and had recently served nine years in prison. In 1997, he had been jailed for dealing in crack cocaine.

Rosalyn Richards was Toni-Ann’s mother. After the murders, she arrived in the UK soon after the murders to make an appeal to the public to assist in finding the killer. While in the UK, she claimed asylum, but her request was rejected, and she was due to be deported.

The murder provoked outrage around London and brought criticism of Birmingham Social Services. The Department of Social Services held a policy of taking the wishes of the child into serious consideration and held the position that placing a child with parents or other relatives was preferable to a foster family. Toni-Ann had, through her own admission, expressed closeness to Bertram and had expressed a desire to be with her “father”.

Criticism was made of Birmingham Social Services for failing to take into account that Bertram had recently served a prison sentence for a drug offence and was believed to still be involved in the drug trade. This case, together with other cases including that of Victoria Climbié, raised questions about the failings and limitations of Social Services departments.

The offence

On September 13, 2003, Toni-Ann Byfield was shot along with Bertram Byfield at his flat on Harrow Road, Kensal Green near Harlesden in northwest London.

The court heard that Smith was an armed assailant who killed Bertram Byfield and Toni-Ann Byfield at Bertram’s bedsit in Kensal Green, London. Toni-Ann was hit in the back after she saw Mr Byfield, 41, shot by rival drug dealer Smith, 33. The prosecution case included that Toni-Ann was shot with one shot in the back due to her capacity as a potential witness.

The prosecution said that on the night of the murders, neighbours had heard four shots followed by silence.

Smith believed that he had committed the “perfect crime,” leaving no DNA or forensic evidence at the scene, and that there was no CCTV in the area. The court heard Smith believed he had left no witnesses or clues.

Investigation

Information about the murders was slow to come because it was believed that many people were afraid to submit evidence for fear of retribution.

A £25,000 reward was offered by the police for anyone who could offer evidence leading to the arrest and prosecution of the killer.

Arrest

Joel Carl Smith was arrested on suspicion of the crime. The court materials described him as 32-year-old at the time of arrest. He was described as a rival drug dealer and as a father-of-five.

Trial

In August 2006, Smith was convicted of murdering both Toni-Ann Byfield and Bertram Byfield.

At trial, Smith denied the murders and said another man had admitted being the killer to him.

The court heard that Smith, known as Cocaine or Caine, fled London to Liverpool following the shootings in September 2003. He was tracked down two years later while serving a prison sentence in Liverpool after former friends and acquaintances, appalled by the death of the child, turned on him.

The court heard that Bertram Byfield had believed he was Toni-Ann’s father. Post-mortem examinations later revealed he was not.

The court heard that Toni-Ann had been allowed to visit Bertram despite his criminal past, including his 1997 conviction for dealing in crack cocaine.

Sentencing remarks and quotes

Mr Justice Gross told Smith:

"However grimly accustomed one becomes to violent crime there is a particular horror in the shooting in the back at close range of a seven-year-old girl - that is the hallmark of this case. "Drugs and firearms combine to make an evil mixture."

Toni-Ann’s mother, Rosalyn Richards, condemned the killing. Her statement, read by her solicitor Andre Clovis, included:

"such a bright future"

And also included the following words attributed to Mr Clovis in a statement read on her behalf:

"Her love for life could not be dampened until she crossed paths with Joel Smith," Mr Clovis said. "A man who could shoot a seven-year-old girl in the back does not deserve to rejoin society."

The same statement added:

"Having heard the evidence I believe Joel Smith did not act alone. I hope police inquiries will continue, to arrest, prosecute and convict others involved in this terrible crime."

Outside court, Det Supt Neil Basu of the Metropolitan Police said:

"Toni-Ann was a complete innocent who was executed in cold blood - shot dead with a single bullet to the back and she cannot have known what for. "No-one won here today. Toni-Ann will never be eight years old."

Peter Hay, Birmingham City Council’s strategic director of social care, said:

"We've made really significant changes to address all the recommendations of an independent review," Peter Hay, Birmingham City Council's strategic director of social care, said on Friday. "At the end of the day however, I can't guarantee that armed gunmen won't walk into a room and shoot people. And at the end of the day, that's what lies at the heart of this case."

Sentencing

On August 4, 2006, Smith was sentenced to life in prison (minimum 40 years). The court sentenced him to life imprisonment for both murders, with a recommendation that he serve a minimum of 40 years for the killing of Toni-Ann and 33 years for the murder of Mr Byfield.

Outcome

Smith was convicted in August 2006 of murdering seven-year-old Toni-Ann Byfield and the man she regarded as her father, Bertram Byfield. He was sentenced to life imprisonment (minimum 40 years) on August 4, 2006.

Other details

Bertram Byfield was also known as Tony or Blacka. It was believed he had been affiliated to a Jamaican drugs cartel. He survived an attempt on his life in 2002 when he was shot six times.

Smith’s escape after the shootings included fleeing London to Liverpool.