Killer loses appeal against conviction

A TEENAGER who was part of a gang which kicked a father-of-three to death has lost an appeal against his conviction.

Adam Swellings, now aged 20, was jailed for life in February for the alcohol-fuelled murder of Garry Newlove.

Mr Newlove, aged 47, died as a result of being punched and kicked when he confronted a gang of vandals outside his Warrington home in August last year.

Swellings, of Meredith Street, Crewe, was convicted alongside Stephen Forton, aged 17, of Warrington, and 16-year-old Jordan Cunliffe, formerly of Warrington, who were told they must serve a minimum of 17, 15 and 12 years respectively.

Yesterday, Swellings appealed both against the conviction and sentence at a hearing in the Royal Courts of Justice in London.

Swellings's barrister Howard Bentham QC said his client was appealing against his conviction on the basis the jury in the original trial should not have heard evidence of previous incidents on the day of the attack on Mr Newlove.

He also said that the issue was whether Swellings foresaw that other members of the gang might use such force to cause Mr Newlove death or serious injury.

But Counsel for the Crown, Michael Chambers QC, said: "There was evidence that Adam Swellings was from start to finish a principle part in the attack. In the Crown's case, the previous incidents were entirely relevant. The relevance being that Swellings was involved in a gang who moved on from one incident to another. Had the jury not heard about the previous incidents they would not have appreciated there was a gang."

Lord Justice Moore-Bick said: "In our view the judge gave sufficient direction in regard to the disclosure of bad character evidence to the jury.

"On this basis Adam Swellings's appeal against his conviction is dismissed."

Mr Newlove's widow Helen sat in the public gallery of the courtroom to hear Lord Justice Moore-Bick and two other senior judges reject Swellings's case that his murder conviction was unsafe.

The judges also rejected an appeal by Swellings against his minimum term, but reduced Sorton's minimum term by two years to 13 years.

Mr Newlove was kicked "like a football" in the attack outside his home in Station Road North, Warrington.