Brothers to appeal over murder

The judge called the murder a "summary execution".

One of three brothers found guilty of a mistaken identity murder has been given leave to appeal against his conviction.

John and Declan Fitzgerald from Battersea, south London, and their half-brother Alan Ellis, were convicted of killing Julien Warrington in 2008.

John Fitzgerald is appealing over the conviction, claiming the judge should not have admitted part of the evidence.

Declan Fitzgerald is contesting the length of his sentence while Alan Ellis is thought to be preparing an appeal.

At the Old Bailey last September the trio were sentenced to life with a minimum of between 15 and 17 years each.

This appeal is making a mockery of us all Christine Wilson, victim's sister

The trial heard Ellis summoned his brothers to a "gathering of the clan" to plot revenge after being attacked, but broke into the wrong house

The jury found all three murdered Mr Warrington, who was stabbed 18 times, with blades and a blunt object.

On 18 June John Fitzgerald was given leave to appeal against his conviction, while Declan Fitzgerald was told he can appeal against his sentence length.

'Horrific, vile and unwarranted'

Mr Warrington's sister Christine Wilson, a 48-year-old bank-worker from Waterloo, central London, told BBC News: "I find it incomprehensible that they have been allowed to appeal.

"At the trial Declan said he wanted to write to the family and apologise - if that's how he felt how can he be appealing?

Julien Warrington received 19 knife-wounds including to the face and lung

"It was a horrific, vile and unwarranted attack on an innocent man - I don't know what either could possibly say at an appeal."

Ms Wilson added: "We are the ones serving a life sentence - this appeal is making a mockery of us all."

Trial judge Philip Clegg said John Fitzgerald was the driving force behind the attack and must accept the "lion's share" of the blame.

Judge Clegg described him as a "violent man" who solved problems with "extreme force" and carried a Rambo-style knife to the attack.

Pan Symeou, of Faraday solicitors, is representing John Fitzgerald.

He said: "We submit that the judge made errors which meant John could not have a fair trial.

"He should not have admitted certain parts of the evidence.

"Mr Fitzgerald has throughout maintained his innocence."

A lawyer for O'Keefe's solicitors, representing Declan Fitzgerald, declined to comment.