Great Yarmouth pub murderer could have conviction overturned

Stuart Layden, 41, was sentenced to life in prison after being found guilty of the murder of a 40-year-old who was kicked to death outside the Bricklayers Arms in Great Yarmouth in 2012.

Shop worker Ian Church suffered a fatal brain injury from multiple blunt force blows, including kicks to the head, after he was attacked by a group of people.

Ian Church who died in Great Yarmouth after an attack May 5, 2012 (Image: Norfolk Constabulary)

Layden was convicted for his part in the killing at Norwich Crown Court in May 2016 after a retrial, having been on trial on the same charges twice before.

READ MORE: Man jailed for life after being found guilty of murdering man outside Yarmouth pub

The Court of Appeal is now being asked to rule whether his conviction is unsafe because his arraignment after his first conviction was quashed - when he was asked to enter a plea in court - took place too late.

It comes after Layden applied to the Criminal Case Review Commission (CCRC) asking them to look into his case.

A defendant who is being retried must be arraigned within two months of their original conviction being quashed, unless an application is granted to extend the time period.

Ian Church suffered a fatal brain injury after he was attacked by a group of people (Image: Newsquest)

Layden successfully appealed against his original murder conviction on March 19, 2015, but was not re-arraigned for a new trial until September 28.

His second trial was halted before its conclusion - for unrelated reasons - and he was finally convicted the following May.

The CCRC said his arraingment was “considerably outside the maximum two month time limit” and as a result his arraignment may have been “unlawful”.

READ MORE: Life sentences for four guilty of Great Yarmouth murder

At a hearing at the Court of Appeal which Layden watched via video link from prison, Mr D Perry KC, for the Crown, argued this was a “technical failure that didn’t affect the timetable of the trial”. 

But Mr P Wilcok KC, for Layden, told a panel of three judges: “The failure of arraignment is fatal to the process of a retrial.” 

Reserving judgement, the judges said they would give a decision at a later date on whether his conviction should be quashed. 

HOW WAS LAYDEN CONVICTED OF MURDER?

Layden, a father of three, was found guilty after his retrial was told he was 'part of that joint enterprise to attack Mr Church’.

He had been with a large group of people out drinking in Yarmouth on May 4, 2012 when violence broke out in the early hours of the following morning following an argument in the pub.

Three others, Todd Esherwood, Tony Smith and Kelly Taylor, have previously been convicted of Mr Church's murder.

Stuart Layden could have retrial verdict quashed at the Court of Appeal (Image: Norfolk Constabulary)

Layden  was initially found guilty of murder at Norwich Crown Court in April 2013 but in March 2015 he had an appeal allowed by the Court of Appeal and a retrial commenced at the end of September 2015; however, the jury in that trial had to be discharged and a second retrial began in May 2016.

Following a guilty verdict loud screams of 'yes' came from the court public gallery where the family and friends of Mr Church were sitting.