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Page last updated at 17:37 GMT, Wednesday, 24 September 2008 18:37 UK

Fatal attack was 'not sectarian'

Michael McIlveen
Michael McIlveen died after being attacked by a gang in May 2006

The attack which led to the death of Ballymena schoolboy, Michael McIlveen, started off as "much like a fight in a schoolyard", a court has been told.

Defence for Aaron Cavana Wallace, 20 of Moat Road in Ballymena, told the jury at Antrim Crown Court that there was "no sectarianism" to the attack.

The lawyer made his remark during his cross-examination of a witness, who cannot be named because of his age.

Mr Wallace denies murdering the 15-year-old.

The witness has already told the court he saw his friend being attacked by a group of Protestant youths after being chased into a car park in Ballymena.

The witness has also said that sectarian abuse had been shouted before and during the assault.

The defence lawyer asked the witness that if this really had been "an all-out confrontation on sectarian lines", how as a known Catholic he had managed to escaped

The witness replied: "How am I supposed to know? Ask them (referring to the defendants)."

The lawyer said the cause of the dispute had been "exaggerated" and that "this was a personal disagreement brought about through alcohol and adolescent aggression".

"A number of people funnelled into that alleyway, much like a fight in a schoolyard. It's not always the intention of getting involved," he said.

"There is an element in this crowd that didn't intend to hit anyone and my client was one of them. If he was, he could have hit you earlier."

The witness has already told the jury that he saw Mr Wallace in an alleyway prior to the attack on Michael McIlveen on 7 May, 2006.

Defence told the jury that an experienced engineer had looked at the location and it was his opinion that the possibility of making out any facial features at the distance the witness said he saw the defendant was "zero".

He also said that many of the people were dressed in a similar way and that the lighting in the alley was poor.

The witness replied: "I know what I seen (sic) and I did see him putting the feet into Michael."





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