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Manchester Evening News
Manchester Evening News
National
Chris Slater

'My son went out and they robbed him of his life - I curse the ground they walk on'

The mum of a much-loved dad and grandad who died ten years after he was attacked on a Christmas Eve night out has spoken of her torment.

Ashley McGurk, then aged 32, had been drinking at a social club in north Manchester and was on his way back to spend Christmas with his family when he was set upon.

He was knocked to the floor and repeatedly punched and kicked before his attackers rifled through his pockets and left him unconscious in the street in what police believe was a violent robbery.

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He suffered 'catastrophic' injuries including a 'devastating' head injury from which it was initially feared he would not survive. He survived, but was left with permanent brain damage following the attack at the Harpurhey Shopping precinct in the early hours of Christmas Day 2011.

Dad-of-one Ashley, sometimes known as Ashley Thomas, never returned home, spending a decade in various hospitals and care homes needing round-the-clock care.

Ashley, who became a grandfather during this period, died in hospital in January last year, aged 41, after contracting pneumonia.

A court case in the months afterwards collapsed and, despite a long-running investigation, which was re-opened as a murder enquiry following his death, no one has ever been brought to justice for the attack.

Earlier this month a coroner ruled that Ashley had been unlawfully killed. She said despite the infection being the immediate cause of his death it was the injuries suffered in the "unlawful" assault which had "ultimately led to his death."

Following the hearing, Ashley's mum. heartbroken Jackie Wexler, who spent every day at his side for nearly a decade, told the Manchester Evening News that what happened to her son still haunts her and that she will never be able to forgive the 'animals' who killed him.

"He was my best mate as well as my son," Jackie, 61, said. "I trusted him and he trusted me. We knew what each other was thinking, me and him.

"He only went out for a Christmas Eve drink with his mate. A quiet night with his pal after work. And he never came home. Because of those animals. And that's what I'll call them, animals.

"They robbed him and did that to him, for what? I want to know why and for what. I lost my son for nothing. Before that, he was a healthy, hard-working young man. A father.

"Can you imagine how his daughter feels? She was only a kid when it happened, 13 or 14, she's 22 now. He has a grandson who's seven."

Ashley was living in a care home when his grandson was born. Jackie he was 'smiling and touching him' when he met him for the first time and that you could 'see how proud he was.'

But she said it was 'heartbreaking' he wasn't able to all the normal things a grandad would do with his grandchild. "He'd have given everything to do that," she said.

Jackie said her ordeal has severely affected her mental health and had seen her move away from the area where it happened.

"I live for my kids. I'd do anything for them" she said. "I'd die for them. And I'd sooner it would have been me. Because I have no life. I haven't had a life for 12 years and I still haven't. My heart hurts every day.

"And I'm still so, so angry. They really don't know what they've done to us and what they've unleashed in me. They're evil. I hate them with a vengeance.

"They've got away with it – up to now. But do animals care? No. I curse the ground they walk on. I will never forgive and I will never forget. Ever."

Ashley, who grew up and went to school in Openshaw, east Manchester was living with his mum in Harpurhey at the time of the attack whilst he worked in a juice factory.

After returning from work on Christmas Eve he got ready at his mum's, with Jackie ironing his t-shirt as he ate some tea and had a beer with his friend before they headed off to Lightbowne Social Club in Moston for the evening.

Detective Inspector Patrick Connell, who led the fresh investigation into the attack, told the inquest into his death that enquiries had established that during the night the "mood was good" at the social club and Ashley, who is believed to have drunk between eight and ten pints and some shots of Sambucca, had been on the stage singing and "in high spirits."

He had initially agreed to share a taxi with some others at the venue afterwards, however sometime after 1am he changed his mind and he left to walk home.

At an inquest into Ashley's death last month, Senior Coroner Joanne Kearsley concluded he was unlawfully killed (Rochdale)

CCTV footage from the North City Shopping Centre in Harpurhey showed that at 1:47am two males approached him outside the Card Factory shop and assaulted him.

Ashley "receives a blow" and "falls to the floor where he's punched and kicked again" DI Connell said. The offenders "look like they are going through his pockets" before they run off, with the whole incident lasting around two minutes . Ashley had been given £300 pounds in wages the night he went out and had taken £175 of it out with him.

It is estimated, based on what he spent, that he should have had around £100 on him when he was attacked, but when he was found after the assault he had none, with investigators concluding he had likely been robbed.


He was taken to North Manchester General Hospital where medics alerted Jackie who rushed to be with him. A pathologist was summoned to examine him as it was feared he may not make it.

As a result of the 'severe' brain injury he suffered he had difficulties communicating and had to be fed by a tube his inquest he was told. He would also regularly suffer siezures, and after leaving hospital he spent the subsequent years in a number of rehabilitation centres and then care homes.

"He had a horrible 10 years in those care homes. They made his life a misery," Jackie told the hearing. She said she spent almost the entire decade fighting for her son to be able to return home. "He couldn't fight for himself or speak for himself," she said.

She told the M.E.N that during his time in residential care Ashley would regularly be rushed to hospital with various medical issues. And Jackie, who spent every day with him, said she slept with her phone under her pillow, so scared was she of receiving bad news.

The day following the assault police received a call from an anonymous woman, referred to in the inquest as Witness A, who said she knew who was responsible for the assault and that they were three people involved between the ages of 15 and 17. She also provided their names.

She said she had heard them commenting about it in newsagents with one alleged to have said: "Did you see the way I stamped on his head?". Another is said to have replied: "Well we didn't kill him."

All three, who were not named in the inquest but referred to as Suspects 1, 2 and 3, were arrested and interviewed with their parents or guardians also spoken to.

When interviewed, one of the males - referred to as Suspect 1 - despite admitting being in the area, denied any involvement whilst the other two, Suspects 2 and 3, gave no comment.

Suspect 1 lived at a children's home in the area and a staff member said he was out from 10:55pm on Christmas Eve until 2am on Christmas Day, and that when he returned he was seen brushing his trainers with a toothbrush.

When he was arrested a tracksuit top seeming to match the appearance of one worn by one of the attackers in the CCTV was found and was wet suggesting it may have been washed. Nothing was found when it was forensically analysed.

Suspect 1 was charged with Section 18 assault. No further action was taken against Suspects 2 and 3 due to what the CPS deemed to be "insufficient evidence".

When the case against Suspect 1 went to court in November 2012, the prosecution offered no evidence on the day the trial was due to begin, and the case was discharged, "mainly due to difficulties getting Witness A to give evidence", the inquest heard.

Following this, the case was discontinued, and, in February 2016, a number of physical exhibits, including the CCTV, were disposed of with, in several cases, no rationale being given, something the coroner said police had accepted was "not good enough".

The investigation was re-opened following his death last year and all three suspects, two of whom (Suspects 2 and 3) are currently serving prison sentences, were re-interviewed, with Witness A also spoken to but again saying she'd be unwilling to give evidence in court.

Rochdale Coroners Court (MEN Media)

The investigation has now been closed again with officers saying they will only re-open it if new evidence came to light. Giving her conclusion of unlawful killing at the inquest at Rochdale Coroner's Court on October 18, Senior Coroner Joanne Kearsley urged anyone with information to 'do the right thing and speak to the police.'

Asked if she still harbours hope those responsible may still one day be brought before the courts Jackie said: "Yes. I hope so. If they get new evidence they will still re-open it. All it takes is for one of them to sing, and one of them will one day.

"I will never give up hope. But I'm not happy with them going to prison now. It's a playground and they deserve worse for what they did."

Asked if the unlawful killing verdict gave her any comfort she said: "No. I'm not happy with it. Even if they went to prison for it, I wouldn't be happy now."

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