The family of murder victim Tekle Mallory are taking out a private prosecution against the two men cleared of killing him at the Paget Ice Queen in July 2001.

A writ has been filed at the Supreme Court registry by Seble Mallory against Quincy Stanley Brangman and Everett Jahni Bean.

Bean was found not guilty of the murder. Brangman, was found not guilty of the murder but was convicted of wounding with intent to do grievous bodily harm and possession of an offensive weapon He is currently serving an eight year jail sentence.

The writ is filed under the Fatal Injuries (Actions for Damages) Act 1949. The act allows for damages to be paid for a wrongful act causing death. The Mallory family is represented by Smith and Company but the law firm did not return a phone call to The Royal Gazette.

Bean, 21, of Jones Lane, Warwick, is awaiting sentencing in Supreme Court after being found guilty this week of attacking a dog warden with a Samurai sword at Warwick Post Office on December 9, 2003.