Thousands back legal aid demand for mother of girl who was killed by falling tree

Play park death: Alexia Walenkaki died when a tree trunk holding a rope swing fell on her
Kiran Randhawa14 July 2016

Thousands of people have signed a petition to the Government to give legal aid to the family of a five-year-old girl killed by a falling tree in a park.

Alexia Walenkaki was playing on a rope swing in Mile End Park when a tree trunk holding the swing fell on her on July 17 last year. She suffered a cardiac arrest and died an hour later, the day before her sixth birthday.

An inquest into her death is due to start in January but her mother Vida Kwotuah has been denied legal aid because the case is “not in the public interest”.

Tower Hamlets council, which looks after the park, will receive legal representation paid for by the taxpayer.

Mrs Kwotuah, from Poplar, said she cannot afford a barrister to get justice for her daughter and cannot represent herself as the case is too complex.

She said: “The letter from the legal aid agency said the case was not in the public interest but only of interest to me.

"I find that insulting. Alexia did not die in my house. She died in a public place, a park. It’s important, not just for Alexia, but for others who could end up in my position, that I fight this.”

The 43-year-old, who also has a son, added: “I could have done some fundraising to raise the money for legal representation but I want to fight this and campaign so that laws are changed and other people are not put in the same position as me.

The aftermath of the tragedy in Mile End
Glenn Copus

“I have been told that if I can’t afford a lawyer I could represent myself. English isn’t even my first language, I couldn’t do it. I strongly believe people should be treated fairly and equally and this isn’t happening here.”

The petition on change.org, signed by more than 8,000 people so far, will delivered to Downing Street over the next few days.

A spokesman for the Legal Aid Agency said: “We are currently considering an appeal from the family and will make a final decision on whether to provide legal aid in due course.

“Legal aid can only be granted where the case meets the requirements for funding which have been set in law.”

A spokeswoman for Tower Hamlets said: “The determination of who is eligible for legal aid is not decided by the council and we have had no role to play in whether Ms Kwotuah receives legal aid.

"We appreciate this is a difficult and distressing time for the family.

"The council would like to extend its deepest sympathies to the family and the mayor has met with Ms Kwotuah to offer his personal condolences.”

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