TWO men who helped the killers of 24-year-old Carlisle man Ryan Kirkpatrick have been given tougher punishments after Appeal Court judges overturned their "unduly lenient" sentences.
There was an emotional reaction at Carlisle Crown Court last year when 32-year-old Ross Henry Neville walked free.
Despite him having played a key role in helping murderers Kane Hull and Liam Porter flee from justice following the fatal stabbing, Neville last year escaped with a fine, unpaid work, and a curfew.
As he walked out of court with that community sentence last December, a shocked relative of the victim in the public gallery shouted: “There’s no justice.” That sentence has now been overturned by Appeal Court judges in London.
Neville and two other defendants – Michael Celmins, 33, and 23-year-old Olivia Memmory – all pleaded guilty to helping the two killers as they went into hiding and then fled the country.
Their actions allowed Hull and Porter to escape to The Republic of Ireland, delaying their prosecution by at least six months.
Businessman Neville, from Canonbie, helped the killers with accommodation and transport to help them travel undetected by the police. His original sentence was yesterday replaced with a 22-month jail term.
Celmins provided the killers with a replacement stolen car. His one year jail term was doubled to 24 months. The 19-month jail sentence handed to Memmory, who was in an intimate relationship with Hull, was not altered.
The background, the court heard, was the "execution style" murder in Carlisle city centre of Mr Kirkpatrick on September 18, 2021.
Encouraged and supported by Porter, Hull had first attempted to glass Mr Kirkpatrick as he enjoyed an evening out with friends at Carlyle’s Court in the city centre.
A short time later, the two killers returned and Hull stabbed Mr Kirkpatrick multiple times, leaving him fatally injured. The two men – their faces hidden under masks – fled in Hull’s Volvo car, later found burned out.
William Emlyn Jones KC, for the Attorney General, said that, with the help of Neville, Celmins and Memmory, Hull and Porter remained hidden from the police; and ultimately fled from the UK to the Republic of Ireland.
They were not arrested until ten days after the murder, but fought their extradition, delaying the prosecution and adding “significantly" to the distress experienced by Mr Kirkpatrick’s family.
The barrister said the original sentences imposed last December failed to reflect the seriousness of the murder, or achieve a sufficient "deterrent effect" for those tempted to frustrate the administration of justice.
Dealing with Neville’s case, the barrister said: “It was Neville to whom the murderers turned first. He was the first offender who put them up safely.” He provided an untraceable car for the two fugitives.
It was accepted that Neville was initially unaware that Hull and Porter were wanted for murder but at 10.39am on September 19, he received a text which spelled out why his two associates were in hiding.
Yet he continued to help them, driving Hull to Newcastle because he wanted to see his lawyer. He helped them acquire a car, which Hull and Porter used to move to new accommodation north of Carlisle and then at Alston.
Celmins helped the killers by travelling to Manchester to collect a replacement car – a stolen Skoda, with false number plates. Though Neville and Celmins helped the killers over a short period, their actions were intended to help them evade justice.
Dealing with Memmory, the barrister said she gave Hull and Porter “emotional and practical” support, helping them over eight days. She arranged their accommodation and travelled with them to Alston and Northern Ireland.
In the days after the killing, she exchanged “flirtatious” messages with Hull, at that time her boyfriend, behaviour that the judge in the original case described as “remarkably callous.”
Jason Pitter KC, for Neville, who has 42 previous convictions, said that when the defendant discovered the two fugitives were wanted for murder he was in an “invidious position.” It was unrealistic to expect him to call the police.
Rosalind Scott Bell, for Celmins, said he was the least involved of the three defendants. In August last year, said the barrister, he was badly injured in an incident but refused to help police investigate it, perhaps feeling he got his “just deserts.”
“He’s truly remorseful,” added Ms Scott Bell. Rosalind Emsley-Smith, for Memmory, suggested that Hull was “directing” the defendant. She exhibited a lack of criminal sophistication, said the barrister.
Delivering the court’s ruling, Lady Justice Thirlwall said the actions of the defendants led to a six month delay in the defendants going before the court in Carlisle. “This inevitably caused a delay to the criminal proceedings and inevitably added to the distress of the already distressed family [of Mr Kirkpatrick],” she said.
She noted Neville’s “significant” previous offences, which included frauds and thefts. His offending was so serious that immediate custody was necessary.
Celmins also had previous offences on his record, including assault, intimidation, and coercive and controlling behaviour. He had not expressed remorse in his pre-sentence probation interview.
His original jail term was also unduly lenient.
Referring to Memmory, Lady Justice Thirlwall said the court accepted the view of the original judge, that she had not been controlled by Hull. There was a suggesiton that she had an "unhealthy craving" for excitement.
But Memmory had no previous convictions and a background report spoke of her mental health conditions, including depression and anxiety, as well as her suffering a period of trauma in her teenage years.
She had set up her own beauty salon in Carlisle and her family spoke highly of her. In view of her level of involvement and her previous good character, the judges said the original 19-month jail term was within the permissable range.
In her case, the undue leniency appeal was rejected.
Speaking after the hearing,Solicitor General Michael Tomlinson said: “Today I wish to express my sympathies to the family of Ryan Kirkpatrick.”
“Ross Neville and Michael Celmins shamefully assisted two brutal murderers flee the UK in a cowardly attempt to evade justice.
"It was clear to me that the original sentences given to the pair were not appropriate, so I welcome the decision of the Court to hand down sentences which better reflect the crimes that have taken place.”
Hull and Porter denied murdering Mr Kirkpatrick but were convicted after a Carlisle Crown Court trial. Both were jailed for life, with Hull, 30, told he must serve a minimum of 28 years while Porter, 33, was given a 26 year minimum term.
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