A TEENAGE killer who was part of the gang who kicked to death dad-of-three Garry Newlove in 2007 has lost a High Court bid for an early chance of release.

Jordan Cunliffe, now 24, was part of a group of thugs who brutally murdered the 47-year-old in a drink-fuelled attack outside his Fearnhead home.

He was sentenced to a minimum of 12 years behind bars at the age of 16.

Last May this sentence was upheld on the recommendation of a senior judge after Mr Justice Mitting refused to recommend a reduction after considering a statement by Mr Newlove's widow, Helen,.

Justice Secretary Michael Gove then accepted the recommendation and dismissed Cunliffe's bid for a cut in the time he serves.

But Cunliffe objected to the fact that he was not allowed to see Baroness Newlove's statement and took his case back to court.

Through his lawyers, he claimed the decision by Mr Gove not to cut his term after a judge considered the secret statement was 'unlawful'.

Giving judgment today, Friday, Lord Justice Bean and Mrs Justice Carr accepted that the statement was irrelevant to the decision.

But dismissing his case, he said it had been inevitable that Cunliffe's bid for an early shot at parole was refused.

The court heard Baroness Newlove's statement was withheld from Cunliffe and his lawyers at her request.

In his judgment, Lord Justice Bean said it would be wrong to consider such a statement without it being disclosed to the killer.

"With great respect to Mr Justice Mitting, I consider that the victim personal statement in this case should not have been considered by him if Baroness Newlove was unwilling to have it disclosed," he said.

"The procedure adopted was to this extent unfair. It would have been unfair even if the murder victim's widow was not a member of the House of Lords and did not hold the post of victims' commissioner."

However, he said the issue in deciding whether or not to cut Cunliffe's minimum term was whether he had made 'exceptional progress' behind bars.

"The test of exceptional progress is a high one," he continued.

"Mr Justice Mitting found that whilst Jordan Cunliffe's progress had been good, it had not been exceptional.

"On the basis of the relevant material, I consider that his finding was not only correct, but inevitable.

"Accordingly, despite the procedural unfairness, I would not consider that the decision of the secretary of state refusing to reduce the minimum term should be quashed and taken again."

Cunliffe's case was rejected, meaning he will have to wait until the end of his 12-year term - in the summer of 2019 - before he can apply for parole.