Teen wins appeal over Ben killing

Andrew Rafferty will not face a re-trial over Ben's killing

A teenager jailed indefinitely has won his appeal against conviction over the killing of a 17-year-old who was beaten and left to drown in the sea.

Andrew Paul Rafferty, 19, had been ordered to serve at least five years after being convicted of the 2005 manslaughter of Ben Bellamy in Swansea.

But Court of Appeal judges have ruled he could not be guilty as he left the beach before his friends killed Ben.

Rafferty will not face a retrial but was jailed for seven years for robbery.

Rafferty, who had previously admitted robbing Ben, will also be "on licence" for three years after he is released.

Ben's family reacted angrily during the hearing.

His father attempted to reach Rafferty, shouting "murderer! scum!" and an aunt remained at the back of the court shouting "Don't ever come back to Swansea or you're dead."

They were removed by security guards from the court in London.

The body of Ben Bellamy, 17, was found on the beach at Swansea

Ben, a sixth-former from Sketty Park, Swansea, was walking home after a night out in Cinderella's club in Mumbles when he started talking to Rafferty, then 18, Joel Taylor, then 18, and Joshua Thomas, who was 16 at the time.

He was later dragged onto the beach and attacked.

Rafferty used his elbow to keep him on the ground, while the other two kicked and stamped on his head and body.

The 17-year-old was robbed of his mobile phone and his cash card, with which Rafferty tried unsuccessfully to withdraw money.

Taylor, 19, and Thomas, 17, who were found guilty of murder, were jailed for life, and must serve at least 22 years and 18 years respectively.

'Good progress'

Rafferty had been found guilty of manslaughter and given an indeterminate sentence for the protection of the public with a recommended minimum of five years.

His counsel, Gerard Elias QC, told Lord Justice Hooper, Mr Justice Burton and Mr Justice Flaux his client had been wrongly convicted of manslaughter as he had left the scene before Ben died and had not inflicted any of the serious injuries.

Mr Elias said there was no evidence to show that Rafferty intended that Ben should die or that he could have foreseen the actions of his co-accused.

The judges were told by lawyers for the Crown that the question of Rafferty being retried on the manslaughter charge had been ruled out.

Rafferty was re-sentenced for the robbery count by Lord Justice Hooper, who was told he had made good progress in custody and came from a supportive family.

The judge is expected to give reasons for the court's decision next week.

Appeals against conviction by Taylor and Thomas were turned down in March.