Man convicted of murdering ex-lover in Portstewart launches second appeal

A jury who convicted a man of murdering his ex-lover in a laundrette shooting were wrongly denied the chance to consider alternative manslaughter charges, the Court of Appeal heard yesterday.

Lawyers for Fred McClenaghan argued there was enough evidence to back his claim to have accidentally killed Marion Millican during a struggle in Portstewart, Co Londonderry in March 2011.

Judgment was reserved in the 54-year-old’s attempt to have his murder conviction overturned for a second time.

Mrs Millican, a 51-year-old mother of four, was fatally wounded by an antique shotgun blast after being confronted by McClenaghan at her place of work.

He claimed his intention had been to take his own life in front of her.

McClenaghan, formerly of Broad Street in Magherafelt, has twice been unanimously convicted of the murder.

His original conviction was quashed on a technicality and a retrial ordered.

However, in 2014 he was again found guilty of murder after the prosecution rejected a plea to manslaughter.

McClenaghan’s legal team are now arguing that a misdirection during the retrial rendered the process flawed.

Although the jury considered a lesser charge of manslaughter by diminished responsibility, it was contended that they should also have been asked to adjudicate on the same offence on two alternative grounds: gross negligence or unlawful act.

McClenaghan was absent as his second appeal against conviction got under way.