THE magistrate who freed a violent teenager hours before he took part in the murder of tragic Garry Newlove had no choice but to release him, it has been claimed.

Dr Ben John decided to free Adam Swellings on conditional bail despite strenuous objections from the police and Crown Prosecution Service.

Swellings, 19, was able to walk out of Warrington magistrates' court on the morning of August 10.

Instead of making his way home to Crewe the teenager ignored a bail condition banning him from Warrington and he remained in the town, joined his pals and went on a drinking spree that ended in the kicking to death of Mr Newlove, 47, outside his home in the Fearnhead area of the town.

Swellings and two other teenagers, Stephen Sorton, 17, and Jordan Cunliffe, 16, were found guilty of Mr Newlove's murder.

More details have emerged about the decision of the magistrate who freed Swellings hours before the attack. The teenager had been arrested a week earlier for attacking another householder and resisting arrest.

He was at first remanded in custody by magistrates but when he reappeared before justices at Warrington on August 10 he pleaded guilty to the offences and the case was adjourned for reports.

Lawyer

When the question of bail was considered, a lawyer for the Crown argued Swellings should remain behind bars as, at the time of the attack, he was already on bail for another matter.

But the magistrates decided that because they had ruled out a jail sentence they should release him until he was sentenced. The magistrates were Dr John, from Chester, who was chairman of the bench, and two other lay magistrates, Colin Worsick and Pat Searly.

A source at the court said: "These were tragic circumstances but they did not have the benefit of hindsight.

"Clearly, Swellings wasn't going to get a custodial sentence and in that situation it was hard to justify keeping him in custody "

A spokesman for the court system said: "The Bail Act provides for a general presumption that bail will be granted in all cases, except in specific circumstances which have to be supported by evidence."

Dr John was unavailable for comment last night.
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