One of the three men charged over the horrific bashing death of Indigenous teenager Cassius Turvey has formally abandoned his appeal against his conviction for manslaughter. Mitchell Forth, aged 27, made the decision to drop his bid to overturn the guilty verdict during a hearing at the Western Australian Court of Appeal.
Courtroom Decision Ends Appeal Bid
Appearing via videolink from Hakea Prison on Friday, Forth informed Justice Robert Mazza that he had decided in consultation with his father not to proceed with his appeal against conviction. Justice Mazza cautioned Forth that once he signed a formal notice of discontinuance, there would be only "very very narrow circumstances" under which it could be set aside. Forth confirmed his intention by stating, "I will be signing it, yes."
Background of the Tragic Case
The case stems from the brutal attack on 15-year-old Cassius Turvey in Middle Swan on October 13, 2022. Cassius died from bleeding on the brain ten days after being assaulted with a metal pole that had been ripped from a shopping trolley. The attack was carried out by Jack Brearley, aged 24, who was seeking vengeance for his smashed car windows—an incident that Cassius had no involvement with.
Mitchell Forth and Brodie Palmer, aged 30, were part of Brearley's vigilante gang and were held responsible for their roles in the teenager's death. While Brearley and Palmer were convicted of murder and sentenced to life imprisonment, Forth was found guilty by a jury of the lesser charge of manslaughter along with five other charges.
Sentencing and Ongoing Legal Proceedings
At his sentencing in June, Chief Justice Peter Quinlan described Forth as "very much the follower" and "Mr Brearley's underling," noting that despite his tough talk, he actually "kept in the background." Forth received a 12-year prison sentence with eligibility for parole. Although he has abandoned his appeal against conviction, Forth is still proceeding with an appeal against his head sentence of nine years, which his counsel has described as "excessive." A hearing on that matter is expected within the next three to six months.
Next Steps in the Legal Process
A directions hearing has been scheduled for February 13 before a different judge to confirm the status of the appeal. This hearing will be vacated if Forth files the notice of discontinuance as indicated. Meanwhile, Brearley must serve 22 years and Palmer 18 years before they become eligible for parole, reflecting the severity of their murder convictions.
The abandonment of this appeal marks a significant development in a case that has drawn national attention to issues of violence against Indigenous youth and vigilante justice in Australia.
