Posted: 9/6/2005 9:13:56 PM EDT
<suggested course of action deleted by Arfcom dept of precrime> Mother's fury as teenagers who set boy on fire escape prosecution Wed 7 Sep 2005 JOANNE CLEMENTS AND HUGO DUNCAN news.scotsman.com/uk.cfm?id=1902122005A MOTHER said last night she was "absolutely disgusted" at a decision not to prosecute a group of teenagers who bound and gagged her son and set him on fire.
Kyle Parker, 13, was set upon by a gang of 15-year-old bullies who tied him to a tree, bound his legs together with a school tie, placed a monkey mask over his face and gagged him.
They set fire to him and filmed the 20-minute "happy-slapping" attack on their mobile phones.
Thirteen schoolboys, all aged 15, were arrested and three made statements in which they said they took part in the assault in woodland near Smithills High School in Bolton, Greater Manchester, in July.
But yesterday the Crown Prosecution Service said it had decided not to take further action because the youths were of "previous good character".
Kyle's mother, Maxine Lever, 35, from Tonge Moor, near Bolton, condemned the CPS.
She said: "I am absolutely disgusted and really angry and annoyed about it because they should be punished for what they have done. Kyle could have been burned alive."
Kyle, who was a pupil at Smithills at the time of the incident, scrambled free and escaped injury, but he has not been back to the school since.
A CPS spokeswoman said: "We decided not to prosecute because the victim was unable to identify any of the suspects when he was shown photographs.
"Seven of the suspects made no admission and accordingly there was no evidence against any of those individuals.
"Three of the boys did admit the attack on Kyle, but because of their previous good character we thought it was unfair to single them out and pursue the prosecution.
"The other three made certain admissions but, as with the others, we decided prosecution was not justified."
Kyle was confronted by the gang when he ventured into the woods with three classmates during his lunchbreak on 8 July.
He said: "I could see through the eyeholes in the mask that they were videoing me with their mobile phones. I felt the heat from the flames on my shoulder, but I managed to get out of the tape and put the flames out before it hurt me.
"I ran after one of them and caught up with him in the field next to the school and had a fight with him. That was when the teachers saw what was going on and I told them."
One pupil was expelled from Smithills High School following the attack. Six others were suspended.
The attack on Kyle followed a spate of happy-slapping cases in which assaults are filmed on mobile phones and sent from handset to handset.
In May this year schoolgirl Becky Smith, 16, spent two days in hospital after she was battered, allegedly by a fellow pupil at Plant Hill High School in Blackley, Manchester.
Other pupils filmed the incident on their mobile phones and the video clip was passed around the school.
In the same month, two 18-year-olds were each jailed for six and a half years after 41-year-old Matthew Kitchen was set alight while he slept at a bus stop in Radcliffe, Bury.
Benjamin Mortenson and David Smolinski used a mobile phone to record the attack, which left the married father in hospital for two months.
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