WA man convicted over Cassius Turvey’s death drops appeal

One of the men jailed last year over his role in the death of Indigenous Perth schoolboy Cassius Turvey has dropped his appeal against his manslaughter conviction.

Mitchell Forth was acquitted of murder but found guilty of manslaughter by a jury last year and sentenced to 12 years in jail over his role in the 15-year-old’s death, as well as other assaults and thefts in the days before Cassius was killed.

Jack Brearley and Brodie Palmer were both found guilty of Cassius’ murder and sentenced to life in prison with non-parole periods of 22 years and 18 years, respectively.

Cassius died in October 2022 after being chased across a bush reserve and bashed with the metal shopping trolley handle by Brearley, who – along with Palmer, Forth, and his then-girlfriend Aleesha Gilmore – had set out to find a group of teenagers he believed were responsible for smashing the windows on his car in the days earlier.

However, the Supreme Court trial heard Cassius was just an innocent bystander who was walking home with a group of students in the north-eastern Perth suburb of Middle Swan when he was attacked.

The schoolboy’s death sent shockwaves around Australia, leading to vigils across the country in the days following.

Forth subsequently appealed his conviction, arguing it was “unreasonable or cannot be supported”, while also alleging his sentence of nine years imprisonment for manslaughter was “manifestly excessive given his personal circumstances and the circumstances of his offending”.

Throughout the trial, Forth maintained that he was not part of the group that chased Cassius and other Indigenous teens across the reserve, but prosecutors said he could still be convicted of murder or manslaughter because he was with them at the time.

However, Forth signalled he would sign a notice of discontinuance regarding the appeal against his conviction during a hearing in the WA Court of Appeal on Friday, during which Justice Robert Mazza noted there had been difficulty in contacting a family lawyer regarding the matter.

Forth’s appeal against his sentence is continuing, and he is due back in court in the coming months. He will return to court for a directions hearing on the conviction appeal in February.

During his sentencing last year, Chief Justice Peter Quinlan described Forth as “in the background, not a main offender” in the killing, and had shown remorse despite pleading not guilty.

with Rebecca Peppiatt

Get the day’s breaking news, entertainment ideas and a long read to enjoy. Sign up to receive our Evening Edition newsletter.