Rapper accused of killing Daniel Smith believed his brother “was shot dead by police three years earlier”, court hears

Kervin Kavuala, 27, brother of Tyno, is said to have killed 22 year-old Daniel Smith in a case of mistaken identity

A rapper accused of gunning down an innocent man in a botched revenge attack told a court he suspected his brother was shot dead by the police.

Kervin Kavuala, 27, is said to have killed 22 year-old Daniel Smith after mistaking him for a suspect in the murder of Tyno Kavuala three years earlier.

Hours before Mr Smith was shot, Kavuala starred in a Youtube video pointing to a tattoo of his dead brother over the lyrics: ‘This all started when my brother died... it won’t end till I see another homicide.’

Tyno Kavuala, known as Tank, was shot three times in his car in Harlesden, in 2007. Class A drugs was found inserted up his backside.

His brother, who believed the police had killed Tyno, told the Old Bailey: “Police like to plant things. They probably pushed it there themselves.”

Jurors were shown a comment on the Youtube rap video which appeared to blame a rival gang for Tyno’s murder.

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But Kavuala replied: “I believe the police wrote this.

‘A few days before my brother’s death, my brother had a gun put in his face... the undercover police officer told him ‘’I will do anything in my power to put you down, including killing you.’’ Four days later my brother died.’

Daniel Smith was shot after leaving KFC in Harrow Road, Paddington. It is claimed he was mistaken for Stacey Theophane.

Zeleke Forde, 30, and Shane Lewis, 32, are accused of alerting Kavuala that Theophane was at KFC.

Kavuala, of Granville Road, Kilburn; Forde, of Otley Way, Watford; and Lewis, of Fairlight Avenue, Harlesden, all deny murder.

Jonathan Yeboah, 25, of no fixed address, denies encouraging and assisting in murder, and encouraging and assisting in the possession of a firearm with intent to endanger life.