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Friday, 8 November, 2002, 14:28 GMT
Fence row death case rejected
Leigh Alliss, son of Tony Alliss, and his uncle, Bob Alliss
Leigh Alliss (left) at the hearing with his uncle Bob Alliss
The High Court has rejected a claim of unlawful killing brought by the son of a man shot dead in a dispute with a neighbour over a boundary fence.

Leigh Alliss brought the civil action against Terence and Graig Maule who were both cleared of his father Tony's murder in 1991.

Mr Alliss, 27, claimed unlawful killing, unlawful assault, and compensation for personal damages.

During the three-week court hearing, lawyers for Mr Alliss claimed evidence showed Graig Maule had deliberately killed Tony Alliss.


I do not think Graig Maule went out to kill Tony Alliss but to intimidate him

Mr Justice Moore-Bick
The killing followed a row over a disputed boundary fence on land in Penn Wood, Gloucestershire.

Although the Maules were acquitted of murder in 1991, Leigh Alliss launched the civil action, claiming his father was unlawfully killed.

But on Friday in the civil case at Bristol Crown Court, Mr Justice Moore-Bick ruled the shooting was unintentional.

'More secure'

The judge said: "Terence Maule went out to intimidate whoever was removing the fence and expected to find Tony Alliss. He decided to go armed for his own protection.

"I do not think he went out to kill Tony Alliss but to intimidate him.

"He took Graig Maule because it was easier to have somebody else and made sure Graig Maule had a gun to make him more secure."

Rejecting that there was a plan to shoot Tony Alliss, the judge said: "Graig was not likely to have planned these things. He was only 19 and had other things on his mind."


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02 Oct 02 | England
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