Northern Ireland

Two men seek to have convictions quashed for murder of Michael McIlveen

Michael McIlveen was one of four siblings
Michael McIlveen was one of four siblings

TWO men who pleaded guilty to the murder of a Catholic schoolboy have launched a bid to have their convictions quashed for a second time.

Aaron Cavana Wallace (28) and Christopher Francis Kerr (30) are serving life sentences for their roles in the sectarian killing of 15-year-old Michael McIlveen in Ballymena nearly 11 years ago.

However, defence lawyers have argued that a revised law on 'joint enterprise' cases has now rendered their convictions unsafe.

Judgment was reserved today following submissions at the Court of Appeal in Belfast.

Michael McIlveen was attacked with a baseball bat in an alleyway after being chased by a gang in the Co Antrim town in May 2006.

The teenager, known as 'Micky Bo', died from brain injuries.

The man who used the bat, Mervyn Wilson Moon (29) from Douglas Terrace in the town, was jailed for a minimum 10 years.

In 2009 Kerr, of Carnduff Drive, and Wallace, from Moat Road, both in Ballymena, were also found guilty of the schoolboy's murder.

Christopher Francis Kerr, who was also convicted of the murder of Michael McIlveen
Christopher Francis Kerr, who was also convicted of the murder of Michael McIlveen

Although those convictions were later quashed, the pair entered guilty pleas as their retrial was due to get underway four years ago.

Admissions were made on the basis of a statement of facts agreed by prosecution and defence lawyers in relation to the roles they played in events surrounding Michael's death.

Wallace was ordered to serve at least eight years behind bars, while Kerr's tariff was set at a year higher because he had obtained the baseball bat.

Aaron Wallace pictured at his retrial for the murder of Michael McIlveen in 2013
Aaron Wallace pictured at his retrial for the murder of Michael McIlveen in 2013

But both men's legal teams now contend that a Supreme Court ruling on the interpretation of joint enterprise casts doubt on the safety of their convictions.

The new law includes a requirement that a secondary party must share an intention to inflict serious harm on the victim - foresight alone is not enough.