Pair who helped kill man wrongly branded a paedophile have sentences cut

Sentence cut: Williamina Stewart and Paul Noble killed Graham Morrice.© Newsline

A mother jailed for her part in the death of a man wrongly accused of being a paedophile has had her sentence halved.

Judge Lord Carloway told the Court of Criminal Appeal that although vigilante violence had to be discouraged, the ten-year prison term imposed on Williamina Stewart, 37, was excessive.

Paul Noble, 18, who was also involved in the death of Gordon Morrice, had his sentenced cut from eight to six years.

Before Mr Morrice, 57, was attacked on a nearby playing field, leaflets bearing his picture had been handed out in the neighbourhood and sent to the local primary school. A court later heard there was no evidence to suggest he was a paedophile.

Stewart, 37, from Aberdeen, pleaded guilty to culpable homicide. She admitted kicking and punching Mr Morrice at Aulton Playing Fields on June 24, 2010.

Noble, who was a 15-year-old schoolboy at the time of the attack, also admitted culpable homicide. He stamped and jumped on Mr Morrice's head.

Mr Morrice suffered head injuries which led to his death in March the following year.

A trial at the High Court in Aberdeen earlier this year heard how Stewart's three children spent a lot of time playing at their grandparents' flat in Seaton Drive.

In June 2010 they were using a trampoline in the front garden, along with the daughters of a family friend, when Mr Morrice asked to join in. The friend, Louise McKeown, 35, thought Mr Morrice had been drinking and called police who took him away.

Half an hour later he returned to a nearby bookmakers. Stewart asked him to go away but was met with a mouthful of foul language. Police were called again but said they could not stop unemployed welder Mr Morrice going to the shop.

Ms McKeown took a photo of Mr Morrice on her mobile phone and later turned it into a number of leaflets. That night the trampoline was set on fire by Mr Morrice.

Stewart's angry brother told police if they did not arrest Mr Morrice he would "make him pay".

As Mr Morrice walked across the playing fields the following evening a black Subaru drove up at speed. Stewart and her partner got out and attacked Mr Morrice, along with the brother who had arrived on a bike.

Dazed and bleeding, Mr Morrice continued to stumble across the playing fields when he was attacked by Noble who was there to play football.

Appeal

Sentencing the two, trial judge Lord Uist said it was plain Stewart had searched for Mr Morrice because of her mistaken impression he was a paedophile.

The judge said: "You were determined to get him. This shameful episode of violence was nothing other than vigilante justice, or, in other words, injustice in action."

But appeal judges in Edinburgh ruled on Wednesday Lord Uist had been too severe.

Lord Carloway, sitting with Lord Wheatley, agreed that finding Mr Morrice on the playing fields was "no coincidence" and the false accusation had played a part in the decision to search for him, resulting in his "quite unnecessary death."

Lord Carloway said: "It is important to discourage any form of vigilante violence and such behaviour will be regarded as an aggravating feature of any offence, especially where there has been no misconduct on the part of the victim."

But the judge also noted that while Mr Morrice asking to play on the trampoline was "a stupid remark" setting the trampoline alight could not be dismissed so lightly.

Lord Carloway said hospital laundry-worker Stewart was a hard-working mother and although she had kicked Mr Morrice in the head she had used no weapons and the "dire consequences" level of violence used could not have been anticipated.

Noble's attack had been "significantly greater" said the judges but insufficient weight had been given to his age at the time.

After the trial earlier this year, Stewart's oil executive partner, Paul Yates, 38, and her brother, barman Hector Stewart, 30, were admonished. They had admitted a reduced charge of assaulting Mr Morrice.

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