PPS seeking McIlveen murder re-trial

Published Friday, 21 December 2012
Comments
Toggle font size
Print

Three men whose convictions for murdering a Co Antrim schoolboy were quashed should face a retrial, the Court of Appeal has heard.

Video available to UK viewers only.
We’re sorry. This video is unavailable from your location.

To find out if this video is available to you, we need to know what region you live in. Please enter your postcode below (including space).

Frequently Asked Questions

Thank you for confirming your region.

Frequently Asked Questions

We are sorry but this video is not available on u.tv in your region. Your region is listed below.

Frequently Asked Questions

Are you in Northern Ireland?

1. Why is my postcode required?

We are asking you to insert your postcode before watching some videos to confirm you can access the video content via u.tv.

This is because some videos on u.tv are only available in Northern Ireland.

Don't worry, we won't store or use this information for any other purpose.

If you are not in Northern Ireland, the content may be available to watch at itv.com or stv.tv.

2. Why am I directed to itv.com or stv.tv when I try to view certain clips?

The videos, which are not available on u.tv to users outside Northern Ireland, will be available to those users on itv.com (for users in England and Wales) or stv.tv (for most users in Scotland).

We need to know where you are in order to make sure you are getting the right content.

If you think we've got your location wrong, then please click here.

Need more help? Contact us

The Public Prosecution Service (PPS) confirmed it is seeking fresh criminal proceedings against Aaron Wallace, Christopher Kerr and Jeff Lewis for the killing of Michael McIlveen.

But senior judges put off their decision on the application until the New Year so that defence lawyers can prepare further arguments against the move.

All three appellants will now remain in custody until 7 January.Fifteen-year-old Michael McIlveen died after being chased and attacked by a crowd in Ballymena in May 2006.

He was beaten with a baseball bat and allegedly kicked as he lay defenceless in an alleyway.

Wallace, 23, formerly of Moat Road, Kerr, 25, from Carnduff Drive, and Lewis, 22, of Rossdale - all in Ballymena - were all convicted of his murder and given minimum jail terms ranging from 10 to 13 years.

A fourth man, Mervyn Wilson Moon, 23, of Douglas Terrace in the town, had admitted the killing at the start of the trial.

Earlier this week, the Court of Appeal ruled that the guilty verdicts returned against Wallace, Kerr and Lewis were unsafe due to flaws in how the jury was directed.

With an eight-week slot available in Antrim from 28 January for any new trial, the PPS was told to confirm its position by Friday.

Crown counsel John Orr QC told the Court of Appeal that he has spoken with the Director of Public Prosecutions, Barra McGrory, senior police officers involved in the case, and the McIlveen family.

He said: "My application to the court will be that a retrial should be ordered."

Frank O'Donoghue QC, for Kerr, urged judges not to make a decision at this stage.

After setting out how his client has served more than six and a half years in prison, the barrister said he wanted time to prepare further submissions.

Mr O'Donoghue added that he wanted to look at some press coverage.

Richard Weir QC, for Lewis, backed his colleague's suggestion.

Mr Weir also told the court that he was in a difficult position due to an undisclosed but progressively deteriorating medical condition affecting Lewis.

Wallace's solicitor, Peter Madden, raised the issue of bail for his client due to the quashing of his conviction.

But Lord Chief Justice Sir Declan Morgan sitting with lord Justices Higgins and Coghlin, stressed that the appellants currently remain charged with the offence.

Sir Declan then confirmed that defence teams would be given an opportunity to prepare written and oral arguments on the issue.

He listed the case for a hearing on 7 January , when any bail applications can also be made.

"We are keeping open the opportunity for a retrial, if that's the order we make, (starting) on January 28," Sir Declan said.

© UTV News
Comments Comments
0 Comments
No comments. Be the first to comment.
POST A COMMENT:
Name:  
Email address*:    
Location:  
Validation:
House Rules:  
Your Comment:  
[All comments are moderated and will not appear immediately. Your name, location and comment will be displayed on this page if your post passes moderation.]
MOST POPULAR GALLERIES
On the rocks
Wed 01 May 2013
4x4 in Ballycastle harbour
Thu 02 May 2013