Dad-of-three Michael Small, known as Craig, was gunned down by a masked man outside a chicken shop in Harrow Road, Wembley, in July 2019.
Minutes after the killing, the gunman tried to shoot another man from point-blank range but the gun failed to fire.
In January 2024 Courtney Ellis was found guilty of the murder and attempted murder, which took place against the background of a gang dispute, whilst Christopher Kyei was found guilty of perverting the course of justice for his role in scrapping the getaway vehicle.
Last month Ellis and Kyei, both rappers known as Jazzy and Skrapz respectively, took their case to the Court of Appeal arguing that a jury irregularity led to a miscarriage of justice.
But Court of Appeal judges concluded that the convictions were safe.
It was revealed that three days before the jury had returned their verdict the forewoman’s husband had commented “enjoy the showers [laughing emoji]” on an Instagram post by Skrapz.
The day after the verdict he also commented: “They are going to jail mate ain’t no project coming out [laughing emoji].”
Jurors in criminal trials are given strict instructions not to discuss the case with anyone except their fellow jurors because other people’s opinions could influence their decision.
Kyei said his “heart sank” when he clicked on the profile of the person who made the comment and saw a picture of the jury forewoman and her husband.
The juror and her husband were both arrested in March 2024 but a police investigation concluded with no further action being taken against them.
When other jurors were interviewed about this, none raised any concerns about their jury forewoman’s conduct.
At the Court of Appeal on October 31, the legal teams for both Ellis and Kyei argued that the jury irregularity rendered their convictions unsafe.
On behalf of Kyei, is was submitted that there was evidence that the juror’s husband was hostile to him and this risked biasing the jury.
On behalf of Ellis, it was argued that jury forewoman had breached her oath and legal responsibilities as a juror.
But Court of Appeal judges dismissed the appeal, stating that they were convinced these were safe convictions.
Mr Justice Martin Spencer said there was no evidence that the jury forewoman had discussed the evidence with her husband and that he could have formed his view from information that was in the public domain.
He said: “We are of the view that all the evidence points to a conclusion that the integrity of the trial process, and in particular the deliberations of the jury, remained intact and that there is no sufficient evidence upon which we could conclude that an irregularity occurred such that it is reasonably arguable that these convictions are anything other than safe.”
Ellis, 40, formerly of Mafeking Avenue, Brentford, was sentenced to life in prison with a minimum term of 35 years in February 2024.
Kyei, 39, formerly of Lower Road, Chorleywood, was sentenced to four years and ine months in custody but was immediately released due to time served while awaiting trial.
