being convicted of killing a customer.

The 36-year-old Englishman, accused of manslaughter, will spend the weekend in Westgate as a remand prisoner before his sentencing on Monday morning.

His trial jury spent three hours deliberating yesterday before finding Pollock guilty of pushing a man down the stairs outside Flanagan's.

They returned a majority verdict of 11-1.

Pollock's victim, 51-year-old Craig McGavern, died 11 days after the incident in the Emporium Building last July.

McGavern's family, including son Nick who had been drinking with him on the fateful night, made no reaction in court and would not comment after yesterday's verdict.

Pollock stood motionless as the jury foreman read the verdict. And he simply nodded his head when Acting Chief Justice Norma Wade-Miller told him he would be taken straight to prison.

But defence lawyer Mark Pettingill told The Royal Gazette immediately after the trial that Pollock would fight to clear his name.

He said: "We will appeal and we will win.'' Mr. Pettingill had already told the court he was appealing for "mercy'' in the sentence.

Pollock's parents had only flown in from England the night before to lend him their support before the verdict.

And his wife was surrounded by tearful friends and family as her husband was handcuffed to prison guards and led into a waiting prison van.

Pollock pleaded not guilty from the outset and claimed he acted in self-defence, stooping under an oncoming punch from McGavern.

But the prosecution team, led by Crown Counsel Patrick Doherty, claimed he must have used excessive force -- as McGavern tumbled down the stairs after the clash.

Crown witnesses did not see any punch from McGavern and claimed Pollock pushed him down the steps as he was being escorted out.

But Mr. Pettingill told the Supreme Court he would now be asking for a suspended sentence for his client.

Before Pollock was led away to jail, the lawyer appealed for him to be granted bail.

He said: "It's not a matter that necessarily will warrant an immediate custodial sentence.

"If a custodial sentence must be imposed, such a sentence should be one of suspension. I intend to put the argument very forcefully.

"It would, with respect, be draconian if I were to be successful on sentence that he spend any time at Westgate at all.

"It's something novel but I don't think by any means inappropriate. It's also a bit of a mercy pitch, if you will.

"My client certainly has family. Mother and father arrived from England yesterday evening. That's my mercy submission.'' But Mrs. Justice Wade-Miller said: "Sentencing is usually the most difficult part of a judge's functions.

"But given the circumstances in this case, I'm not going to grant bail. He's going to be remanded in custody.'' The judge had earlier spent four-and-a-half hours summing up the case evidence and reviewing points of law with the eight-man, four-woman jury.

Photos by Arthur Bean Anxious: Kevin Pollock (left) gets words of comfort from Flanagan's owner Tom Gallagher before yesterday's verdict.

No comment: Nick McGavern