Byline: THOMAS MARTIN
A COLD-blooded killer who gunned down two men in a Merseyside gym has had an appeal against his conviction dismissed.
Darren Becouarn, of Queen's Road,New Ferry, was convicted of the murder of father-of-four Kevin McGuire, 37, and 24-year-old Nathan Jones at Liverpool crown court on May 26 2000.
Lord Justice Tuckey,Mr Justice Keith and Sir Brian Smedley, sitting at London's Court of Appeal, yesterday dismissed arguments that the 36-year-old's conviction was ``unsafe''.
The court heard how Mr McGuire, of Woodland View, Thornton,and Mr Jones,of Moor Lane, Crosby, were blasted to death at close range in the Crosby Health and Leisure Centre in Waterloo at 11.30amon the morning of October 11998.
Lord Justice Tuckey said the assassin had then made his getaway on a black motorcycle which had masking tape covering the seat and a tea-towel covering the rear grab-rail.
The prosecution case was that the murder was a contract killing carried out as a revenge attack.
Becouarn was arrested for the killing four months later and was identified by Mr McGuire's wife Linda and the owners of the gym.
Becouarn elected at trial not to give evidence before the jury, as the judge had ruled that he could be cross-examined about his previous convictions if he did so.
Andrew Ed is QC, representing Becouarn, argued during yesterday's appeal that the trial judge should not have directed the jury that they could draw an ``inference'' that the only reason for his refusal to give evidence was that he had no answer to the prosecution case.
He claimed it would have been difficult for Becouarn to testify because of his previous convictions, which included time spent behind bars for robbery, and the judge's misdirection of the jury meant the conviction was fatally flawed.
But Lord Justice Tuckey said: ``If ever there was a case for allowing a cross-examination of the accused on his previous convictions, then this was it.
``It would have been quite unfair for him to be able to attack the characters of the prosecution witnesses without the jury knowing about his character.
``When Becouarn made this decision (not to testify), he knew what the consequences wouldbe.
``The case against Becouarn was a strong one, and the conduct before the judge was fair. The judge gave a full and fair summing-up.''
He concluded: ``We have no doubt about the safety of the conviction and the appeal must be dismissed.''
CAPTION(S):
GUNNED DOWN: A police reconstruction, above, of the getaway made by hit man Darren Becouarn, right, after the murder of Nathan Jones, centre,and Kevin Maguire,far right
COPYRIGHT 2003 MGN Ltd.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003 Gale, Cengage Learning. All rights reserved.
http://www.thefreelibrary.com/GUNMAN+LOSES+MURDER+APPEAL%3B+GYM+KILLER+MUST+STAY+BEHIND+BARS.-a099747206
A COLD-blooded killer who gunned down two men in a Merseyside gym has had an appeal against his conviction dismissed.
Darren Becouarn, of Queen's Road,New Ferry, was convicted of the murder of father-of-four Kevin McGuire, 37, and 24-year-old Nathan Jones at Liverpool crown court on May 26 2000.
Lord Justice Tuckey,Mr Justice Keith and Sir Brian Smedley, sitting at London's Court of Appeal, yesterday dismissed arguments that the 36-year-old's conviction was ``unsafe''.
The court heard how Mr McGuire, of Woodland View, Thornton,and Mr Jones,of Moor Lane, Crosby, were blasted to death at close range in the Crosby Health and Leisure Centre in Waterloo at 11.30amon the morning of October 11998.
Lord Justice Tuckey said the assassin had then made his getaway on a black motorcycle which had masking tape covering the seat and a tea-towel covering the rear grab-rail.
The prosecution case was that the murder was a contract killing carried out as a revenge attack.
Becouarn was arrested for the killing four months later and was identified by Mr McGuire's wife Linda and the owners of the gym.
Becouarn elected at trial not to give evidence before the jury, as the judge had ruled that he could be cross-examined about his previous convictions if he did so.
Andrew Ed is QC, representing Becouarn, argued during yesterday's appeal that the trial judge should not have directed the jury that they could draw an ``inference'' that the only reason for his refusal to give evidence was that he had no answer to the prosecution case.
He claimed it would have been difficult for Becouarn to testify because of his previous convictions, which included time spent behind bars for robbery, and the judge's misdirection of the jury meant the conviction was fatally flawed.
But Lord Justice Tuckey said: ``If ever there was a case for allowing a cross-examination of the accused on his previous convictions, then this was it.
``It would have been quite unfair for him to be able to attack the characters of the prosecution witnesses without the jury knowing about his character.
``When Becouarn made this decision (not to testify), he knew what the consequences wouldbe.
``The case against Becouarn was a strong one, and the conduct before the judge was fair. The judge gave a full and fair summing-up.''
He concluded: ``We have no doubt about the safety of the conviction and the appeal must be dismissed.''
CAPTION(S):
GUNNED DOWN: A police reconstruction, above, of the getaway made by hit man Darren Becouarn, right, after the murder of Nathan Jones, centre,and Kevin Maguire,far right
COPYRIGHT 2003 MGN Ltd.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003 Gale, Cengage Learning. All rights reserved.
http://www.thefreelibrary.com/GUNMAN+LOSES+MURDER+APPEAL%3B+GYM+KILLER+MUST+STAY+BEHIND+BARS.-a099747206