Garry Newlove killer has early release bid thrown out

One of the killers of Garry Newlove, who was kicked to death outside his home after confronting vandals, has failed in another bid to reduce his 12-year minimum term. Jordan Cunliffe, 24, is serving life for his part in the alcohol-fuelled killing of the 47-year-old father-of-three in 2007. Cunliffe was one of three teenagers found guilty of murder by a jury at Chester Crown Court in January 2008. He was aged 16 at the time of conviction. Mr Newlove, who had overcome stomach cancer, suffered massive head injuries in the attack at his home in Warrington, Cheshire, and died two days later. In a ruling last year, Mr Justice Mitting said he did not recommend a reduction in the tariff, which is the minimum term to be served before Cunliffe is eligible to apply for release on parole. The ground at the centre of the application was that there had been exceptional and unforeseen progress while in custody - but the judge said that while Cunliffe had made good progress, it was not exceptional. The Secretary of State for Justice accepted the recommendation. Cunliffe's new challenge focused on alleged unfairness involving a victim personal statement read by the judge in which Mr Newlove's widow, Baroness Newlove, described the impact of her husband's murder upon her family. Cunliffe objected to the fact that the statement was withheld from him and claimed that the Secretary of State's decision was unlawful. But, on Friday at London's High Court, Lord Justice Bean and Mrs Justice Carr said that the judge's finding on Cunliffe's progress was not only correct but inevitable. The victim statement was irrelevant to the issue before the judge and, while there was procedural error, there was no material unfairness to justify quashing the decision to refuse to reduce the minimum term.

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