Appeal to overturn conviction for sectarian attack dismissed

SENIOR judges have dismissed an appeal to overturn a conviction for a sectarian attack in Ballymena on a Catholic victim who pretended to be dead to survive.

Lawyers for Aaron White, 37, claimed last Wednesday that too much emphasis was placed on the discovery of his mobile phone at a house where Michael Reid was cut, beaten with a saucepan and partially strangled.

White was jailed for 22 years after being found guilty of attempting to murder Mr Reid in Ballymena, in October, 2003.

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His appeal, however, against conviction and sentence was dismissed at the Court of Appeal, last week.

During the original trial the victim told how he was forced to watch and listen as his attacker ordered a saw to cut up his body for disposal.

Mr Reid said he played dead and only managed to escape the scene at Patrick Place in the town after two of those involved in the three-man assault went in search of a saw.

The judge who jailed White, of no fixed address, described the assault as merciless and fuelled by sectarian hatred.

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As his conviction and sentence were challenged last Wednesday, White sat in the Court of Appeal flanked by prison guards and smiling at friends and family who attended the hearing.

His counsel, Philip Mateer QC, based part of the case on the strength of circumstantial evidence against his client.

He contended that a mobile phone and pair of glasses found near the crime scene were the only two pieces of real evidence.

According to Mr Mateer these carried much less weight than at first glance.

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He said: “We say the learned trial judge placed too much reliance on the finding of the phone and what he described as the absence of an explanation for its presence in the house.”

The court heard there was no proof that a SIM card within it was used in the 12 hours leading up to the attack on Mr Reid.

Mr Mateer claimed insufficient weight was given to the innocent explanation for the phone and charger being found in a house “not unfamiliar” to White.

During submissions on the length of sentence imposed, the barrister drew a distinction between the case and sectarian terrorist attacks.

He told the three judge panel: “It still brings it short of some organised gang ruthlessly going out to murder policemen and matters of that type.”

The panel, however, dismissed the appeal.

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