Drive-by shooting pair lose conviction appeals

In October 2005 Mark Kelly, now 23, and Junior Andrews, now 26, were convicted at Birmingham Crown Court of murdering 14-year-old Danielle Beccan.

Danielle was killed in the early hours of October 9, 2004 when a gang from a rival district of Nottingham opened fire on a group of children as they returned from the city's annual Goose Fair.

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Three judges at the Court of Appeal in London ruled today that the convictions of Kelly and Andrews were safe.

But they allowed an appeal against sentence by Kelly, reducing his minimum jail term of 32 years - the least he must serve before he can apply for parole - to 29 years.

After the judgment, Danielle's mother, Paula Platt, said she and Danielle's father, Dale Beccan, were "very pleased with the result".

"I have maintained from the very beginning that we didn't want innocent men locked away," she said.

"We wanted the right men caught and convicted and that is what has happened.

"We believe the arguments they put forward regarding their age and their sentences were wrong.

"Danielle didn't have any choice in the matter - they didn't consider her age when they did what they did.

"The judges have closed the case for us now and brought finality."

Andrews will still have to serve his minimum term of 32 years as Lord Justice Leveson, Mr Justice Treacy and Mr Justice Flaux dismissed his appeal against his sentence.

Danielle's killing shocked the nation and united a city already reeling from a series of gun crimes. The jury returned 10-2 majority verdicts after 16 hours of deliberations.

Lord Justice Leveson said the conviction challenges were based on decisions of the trial judge, Mr Justice Butterfield.

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The first was his decision to allow witness statements by Natalie Gee, who had had a relationship with Andrews lasting four years, to be read.

The second - in relation to Kelly - was his decision to admit evidence "secured by means of covert recording of telephone calls by and visits with Mark Kelly while in custody".

Dismissing the appeals, Lord Justice Leveson said the court had "no doubt" that the decision to allow Ms Gee's evidence to be read was "reasonably open" to Mr Justice Butterfield.

Also rejecting the ground relating to the covert recording, Lord Justice Leveson said: "There is no basis for challenging the (trial) judge's finding that the surveillance was lawful."

A number of matters had been put before Mr Justice Butterfield by counsel on Kelly's behalf "as demonstrating why the admission of the covert material would be unfair, such as the quality of the recordings".

Mr Justice Butterfield, who listened to the recordings through headphones before making his ruling, had "rightly rejected that and other objections" raised by Kelly's QC. ruled the appeal judges.

The prosecution of Kelly and Andrews "arose from a truly appalling incident" in the early hours of October 9, 2004, said Lord Justice Leveson.