A Melksham family who are fighting for justice for a young man killed on a night out three years ago are holding a fundraiser in his honour.

Ben Smith, 18, died at Southmead Hospital in Bristol following an attack near McDonald's in Bath city centre in the early hours of Monday, November 1.

Ben suffered fatal injuries after being attacked in Corn Street, Bath, between 2.30am and 3am, shortly after an altercation with another man in McDonald’s in Southgate Street.

Avon & Somerset Police initially arrested a 19-year-old man on suspicion of assault causing grievous bodily harm.

After Ben died, the man was subsequently re-arrested on November 3 2021, on suspicion of murder and released on police bail pending further enquiries.

The Wiltshire Gazette and Herald: Ben Smith, who died on November 2 2021 following a night out in Bath.Ben Smith, who died on November 2 2021 following a night out in Bath. (Image: Smith Family)

A year later in November 2022, Avon & Somerset Police said: “Following the death of Benjamin Smith, 18, in November 2021, Avon and Somerset officers conducted a thorough investigation and presented a detailed file of evidence to the Crown Prosecution Service (CPS) for a charging decision.

“The CPS has since made the decision there was no realistic prospect of a conviction and, as such, no further action will be taken against the arrested individual.

“We are aware Mr Smith’s family requested a review through the Victim's Right to Review scheme, which was considered by the CPS.

"The decision not to authorise charges was upheld. Our file has now been passed to the coroner's office for their consideration. Our thoughts remain with the family during this difficult time."

At the inquest into Mr Smith’s death on November 30 2023, Dr Peter Harrowing, the Area Coroner for Avon, returned a narrative verdict that Ben died of a head injury after being punched by another man who, fearing for his own personal safety, acted in self-defence.

Ben’s family raised £13,000 from a charity event in December 2021 at Melksham Town FC’s Oakfield Stadium.

The Wiltshire Gazette and Herald: A poster for the Ben Smith Memorial football fundraiserA poster for the Ben Smith Memorial football fundraiser (Image: Smith Family)

Now they are staging another fun football event there on Sunday, April 28 to raise funds for The Ben Saunders Foundation, SmileForJoel, and One Punch UK, which raises awareness about the devastation one punch can cause.

Ben's mum Rachel Smith said: “Ben was only out that night looking after three girls and sadly, doing that cost him his life. Our lives are broken because he is no longer with us.

“We are extremely proud of what Ben stood for that night. It cost him his life but he was doing what he always did, which was looking after others and doing the right thing.

“We are organising this in memory of our son, who should still be here. We have not been given justice for his death and we wish to support the charities that supported us by remembering him and doing what he loved, which was football.”

Ben started playing football with Melksham Town FC’s youth team at the age of six. The club is letting the family use its facilities free of charge.

The match will be played between two old Melksham Town FC teams that Ben and his brother Alex once played for and there will be a cup for the winning team.

Premier League referee, Sam Allison, a Melksham local and former George Ward School student, will officiate the game. Entrance will be by donation and raffle tickets at £1 each will be on sale.

The family say there will be a disco afterwards in the clubhouse bar and entertainment for children during the half-time break as well as vans selling food and drinks.

Gates open at 12pm and the kick-off is at 2pm.