THE Court of Appeal has heard that there was no evidence that Adam Swellings ever kicked Garry Newlove.

"There is no satisfactory evidence at all that Adam Swellings kicked," said his barrister Howard Bentham QC.

"Adam Swellings pleaded guilty to manslaughter on the basis that he behaved quite disgracefully in that he lit the blue touch paper by striking Mr Newlove on the head and then the attack began which led to his death.”

The fatal kick, Bentham said, was delivered by Stephen Sorton.

"The question for the jury was therefore what did Adam Swellings foresee? If they were sure that he realized his companions might use violence of such severity that Mr Newlove might die, then he was guilty of murder.

Mr Bentham said the jury did not have enough evidence to convict Swellings, aged 20, from Meredith Street in Crewe, of murder on the basis that the whole attack was a joint enterprise.

"The best evidence in the case on which the jury must have convicted was that Swellings struck one blow then stepped aside," he said.

"There was some element of joint enterprise, which was why he pleaded guilty to manslaughter, but the point is that he didn't foresee the severity of violence involved," the barrister concluded.

He asked for the murder conviction to be quashed.

Lord Justice Moore-Bick, Mr Justice Beatson and Judge Peter Jacobs are hearing the appeal.

Swellings appeared in the dock this morning for his hearing.

He was convicted of murder in January by a majority verdict.

After the trial it transpired he had been released on bail by magistrates that morning on the condition he stay out of Warrington, over an assault charge.

He was sentenced to 17 years in prison for murder.

Stephen Sorton was sentenced to 15 years, and their accomplice Jordan Cunliffe was sentenced to 12 years.

Sorton’s appeal will be heard later today.

Cunliffe is not appealing.