McIlveen killers set to launch appeal against convictions

LAWYERS for three men found guilty of the murder of Ballymena schoolboy Michael McIlveen have set out the basis for appeals against their convictions.

Aaron Cavana Wallace, 21, formerly of Moat Road, Christopher Francis Kerr, 23, from Carnduff Drive, and Jeff Colin Lewis, 20, of Rossdale - all in Ballymena - were given minimum terms ranging from 10 to 13 years.

A fourth man from the town, Mervyn Wilson Moon, 21, admitted the killing at the start of the trial.

Representatives for Wallace, Kerr and Lewis have secured permission to have witness statements and a bad character ruling transcribed as part of their challenge.

All three were given life sentences for murdering 15-year-old Michael McIlveen in Ballymena on May, 2006.

Kerr received the highest minimum tariff after he was assessed as showing no remorse for his actions and having lied consistently throughout the proceedings.

The Court of Appeal heard on Friday that he told police he had the murder weapon, a baseball bat, but had not used it.

Setting out his request for transcripts from a series of interviews and witness statements, his barrister, said Kerr had the bat because he was in fear of "associates" of the victim.

He referred to incidents of sectarian conflict in the town in the months leading up to the murder.

A lawyer representing Wallace, focused submissions on a bad character ruling during the trial based on evidence from the Bebo social networking site.

Seeking a transcript of that determination, he said "the evidence was disproportionately prejudicial".

A lawyer for Lewis, claimed that accounts given by others at the scene of the assault and in a nearby garden "challenged and contradicted" the version of events from the main prosecution witness.

He also contended that the state pathologist's evidence was also at odds with it.

Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, directed that transcripts of a number of pieces of evidence and the bad character ruling should be prepared.

The appeal is expected to be heard later this year.