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Confession was evidence, rules Appeals Court judge

convicted murderer Anthony Flood against his life imprisonment sentence for the murder of Vincello (Johnny Peppers) Richardson.

Flood's lawyer Mr. Timothy Marshall launched the appeal on the grounds that statements made by Flood confessing to the murder were involuntary and should not have been admitted as evidence at the November trial.

A jury unanimously convicted Flood of murdering Richardson in December 1993.

Flood alleges he made the statements to a Police officer who promised that in return, he would reduce the charge to manslaughter.

The appeal was made on the grounds that Puisne Judge the Hon. Mrs. Justice Wade: failed to adequately explain why she ruled the statements admissible; did not consider discrepancies in Police testimony; and did not consider evidence showing Flood was hostile towards Police when first questioned.

But yesterday Court of Appeals judge Sir Alan Huggins said his Supreme Court counterpart did give adequate reasons for her ruling showing she was satisfied the statements were voluntary.

Judges, he added, are only obliged to provide sufficient detail to demonstrate they understood the issue and reached a conclusion.

The panel also rejected Mr. Marshall's contention that the judge failed to explain Flood's sudden change in attitude.

Sir Alan said the ruling was not unreasonable in light of the explanation put forward by the prosecution. This was that Flood saw a person at the Police Station to whom he was said to have admitted his guilt and realised it would be useless to deny it.

Sir Alan said the Police, by urging Flood to tell the truth, had not induced a statement from him.

Lastly, Sir Alan said, the judge correctly refused to allow the defence to call a witness (Flood's sister) at the voire dire to discredit a prosecution witness.