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Liverpool Echo
Liverpool Echo
National
Neil Docking

Grandad slams CPS for dropping murder charge against Duncan Browne's killer

The family of a man killed at a taxi rank slammed the Crown Prosecution Service for dropping murder charges against his attackers.

Duncan Browne, 23, was the victim of an unprovoked assault by Michael McLoughlin - who delivered the fatal "catastrophic" punch - and Terrence Kerwin.

McLoughlin, 36, was today jailed for nine years and four months for manslaughter, after the Crown Prosecution Service (CPS) accepted his guilty plea and decided not to proceed to a murder trial.

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His co-accused Kerwin, 34, was jailed for 10 months after admitting assault causing actual bodily harm.

Liverpool Crown Court heard McLoughlin is a convicted robber, who was on licence at the time for gang thefts from jewellers, while Kerwin is a convicted drug dealer.

Speaking outside court, Mr Browne's grandad, John Browne, said the family were unhappy with the decision to drop murder charges against the pair.

The 72-year-old said: "We all feel despair. We are broken as a family... Our extended family are all shattered.

"He was three months premature and he clung to life. You could put him in the palm of your hand. He went through all that adversity and he turned out to be a smashing young man.

"He was 6ft tall, handsome, compassionate, he had time for everybody - respectful, clever and talented.

"We can't understand the decision to drop the murder charges. It seems the CPS is more like the criminal protection service.

John Browne speaking about his grandson Duncan Browne, at Merseyside Police Headquarters. (Liverpool Echo)

"These two guys are serial criminals. They have been criminals all their lives.

"This pain will never go away. He was a great lad, he had his whole life in front of him and it was taken away."

Mr Browne said he believed the "two career criminals" would go on to offend again.

He added: "We will be writing to the Ministry of Justice and [justice secretary] Dominic Raab."

The CPS previously explained its decision not to proceed to a murder trial, which Judge David Aubrey, QC, said he "entirely" understood.

A CPS spokesperson today told the ECHO: "Our thoughts remain with the family of Duncan Browne following his devastating death.

"Our decision-making in this tragic case - as in any other - was based on an assessment of what it might be possible to prove to a court, in accordance with our legal test."

Aspiring firefighter Mr Browne went out to watch England's win over Ukraine in Euro 2020 on Saturday, July 3 last year.

He became separated from friends and headed to a taxi rank in Hanover Street, at around 3.30am, on Sunday, July 4.

The court heard one of his attackers shouted "get out of the way lad" when a taxi arrived, before Kerwin initially hit Mr Browne, then McLoughlin delivered two punches.

The victim, who Judge David Aubrey, QC, said had "not offered any threat of violence whatsoever", and had no chance to defend himself, fell into shop shutters.

As he lay dying from McLoughlin's "very hard punch", which broke the right side of his jaw and caused an arterial injury leading to bleeding on the brain and cardiac arrest, McLoughlin and Kerwin got in the black cab and went to a party.

The Edge Hill University sports science graduate, who also had bruising around the left eye, said to be consistent with the punch struck by Kerwin, died in hospital the next day surrounded by his family.

In a victim impact statement, his grandad spoke of the family's loss, including the victim's parents, Colin Browne and Cathy Ruddock, and his younger brother Shea.

He said the family hoped "the full force of the law will be brought to bear on these cowards".

Mr Browne told the court: "This unprovoked cowardly attack has robbed a kind, respectful, compassionate and dynamic young man, who was born three months premature and had to fight to cling on to life, of a lifetime of fulfilment in following his dream of serving his community as member of the fire brigade.

"The unprovoked attack that led to Duncan's death has totally broken Colin and Cathy as they find it impossible to comprehend that they have lost Duncan forever and the wonderful life they expected to have, watching him develop into an outstanding human being and family man, is now shattered."

He said the two parents had found it impossible to return to work due to the "unprecedented trauma" and family and friends were all still grieving.

The grandfather quoted an extract from a condolence card sent to the family by a woman who was one of four people that received a lifesaving organ from Mr Browne.

The woman said: "Words seem totally inadequate considering the heartbreak you must have been and are going through.

"As a result of your kindness and generosity I have been given another chance at life, which is such a precious gift which I will cherish forever."

Prosecutors said McLoughlin probably learned on Monday, July 5 that Mr Browne had died, but didn't hand himself into police until a week later.

Kerwin fled the country, boarding a ferry to Belfast, and then travelled on to Dublin, before returning when called by police on July 16.

McLoughlin, of Torus Road, Old Swan, who has 16 previous convictions for 31 offences, expressed his remorse when interviewed by police and again today.

In a letter the dad-of-one said: "I'm truly sorry from the bottom of my heart. I would never ask for forgiveness for the unforgivable."

Kerwin, of no fixed address, who has 20 past convictions for 44 offences, including dealing Class A and B drugs, gave a no comment interview, but today said he too was remorseful.

Judge David Aubrey, QC, said: "There is nothing this court can do to assuage the grief and even possibly anger of that which members of the deceased's family suffer.

"No sentence this court passes can ever equate to the loss of a life so precious.

"It may be that members of the family have had, and will have, difficulty in understanding the decision the Crown made - rightly so in the court's judgement - in the acceptance of the pleas or indeed the length of sentences this court now passes, in accordance with legal principles."

McLoughlin must serve two thirds - just over six years - of his sentence behind bars, before he is released on licence.

Kerwin was jailed for 10 months, but has already spent nearly six months in custody, meaning he will be released immediately.

Families Fighting for Justice is a peer support group for families bereaved by homicide.

It runs The Hub, in Anson Street, off Prescot Street near the Royal Liverpool Hospital, which is a drop in centre with information and support under one roof.

The charity understands the issues affecting a victim's family of homicide or culpable road death and can offer advice and guidance, referral to a network of providers, counselling services, support through the judicial process and more.

For more details on The Hub visit: www.homicidesupporthub.org

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