LORD JUSTICE SWINTON THOMAS: On 12th December 1997
after a
trial lasting nine days, before Kennedy J and a jury,
at
the Newport Crown Court, the appellant, was convicted of
the murder of Matthew Thompson and was sentenced to
serve life imprisonment. He appeals against his
conviction with the leave of the single judge.
The basis of the appeal is a fresh theory as to
how the deceased Thompson met his death, coupled
with an
application to call fresh evidence.
The facts giving rise to the very unfortunate
death of the deceased can be stated quite shortly. The
deceased died in the early hours of 1st March 1997,
the
cause of death being a wound to the right side of the
front of his neck, the wound being caused by a piece of
broken glass. The death followed incidents which had
occurred in the course of the night of 28th February
1997 and the early hours of the following morning,
1st
March.
The three principal participants in the events
leading to Thompson's death were the appellant Paul
David Alexander Paginton, Paginton's sister Cindy and
the deceased Matthew Thompson. All three were at the
time aged about 24. It would seem that all three had