Belfast Telegraph

Murderer in legal bid to have appeal reopened

By Alan Erwin

A man jailed for bludgeoning a hospital porter to death has launched a legal bid to have an appeal reopened.

Mark Kincaid is to seek leave for a fresh hearing to overturn his conviction for murdering David Hamilton in 2004.

The 34-year-old's campaign has received the support of ex-First Minister Peter Robinson.

Kincaid is set to argue that flawed trial directions on the issue of joint enterprise renders his conviction unsafe.

His lawyers are set to focus on a landmark verdict that the joint enterprise law has been wrongly applied for more than 30 years.

Mr Hamilton (44) was battered about the head in east Belfast in what a judge called "an exceptionally brutal attack".

No motive for the killing was ever established. Kincaid was one of three men found guilty of the murder, and was ordered to serve at least 16 years' jail.

Lord Chief Justice Sir Declan Morgan agreed to list the case for a hearing in September.

Belfast Telegraph


From Belfast Telegraph