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Murderer Andre Hypolite gets legal aid for appeal

Convicted murderer Andre Hypolite has been granted legal aid to appeal his conviction.His case will be reviewed for a second time after Court of Appeal judges ruled yesterday he could proceed.Hypolite, 38, was sentenced to life for the "brutal and merciless" murder of Nicholas Dill on Boxing Day, 2004.

Convicted murderer Andre Hypolite has been granted legal aid to appeal his conviction.

His case will be reviewed for a second time after Court of Appeal judges ruled yesterday he could proceed.

Hypolite, 38, was sentenced to life for the "brutal and merciless" murder of Nicholas Dill on Boxing Day, 2004.

He is said to have stabbed Mr. Dill in the back with a knife and cut his girlfriend Stacey Pike in the head during a drug-fuelled sex session at a dilapidated shack in Warwick.

In April 2006, a jury convicted Hypolite of murder and of wounding Ms Pike with intent to cause her grievous bodily harm.

However, the verdicts were quashed by the Court of Appeal in November 2007. Judges ruled Hypolite's defence claims were not fully put to the jury during the original proceedings by his then lawyer, Mark Pettingill.

During the September 2008 retrial, Hypolite was represented by Queen's Counsel John Perry, who asked the jury to find that it was actually Ms Pike who stabbed Mr. Dill. The court heard Ms Pike had a previous conviction for manslaughter.

Hypolite told Supreme Court he himself was attacked by Ms Pike and Mr. Dill during a fight between the couple.

However the jury convicted him of murder for a second time. He was cleared of the charge of wounding Ms Pike with intent to cause grievous bodily harm, and convicted instead of the lesser charge of unlawful wounding.

Sentencing Hypolite to life, Puisne Judge Charles-Etta Simmons said last September: "The attack on Mr. Dill, a naked man, was brutal and merciless. The attack on Ms Pike showed wanton disregard for her safety."

Hypolite however, has now been given permission to appeal his conviction.

Representing himself, he told Appeal Court judges Edward Zacca, Sir Austin Ward and Sir Anthony Evans: "I am unable to secure a lawyer and do not have any private funding."

Hypolite admitted legal aid applications had been refused "a few times".

Appeal Court President, Mr. Justice Zacca, said: "It is a murder conviction and I think he should be given every opportunity to pursue it (an appeal).

"The Court grants the appeal for an extension of time and grants legal aid to the applicant. The applicant's counsel is to be selected by the Registrar."

He explained to Hypolite this meant he could not choose, but had to accept, whoever was appointed as his lawyer.

"John Perry (QC) is not optimistic about the appeal but nevertheless this is a murder appeal so we are prepared to go the whole length and assist you in any way we can," said Mr. Justice Zacca.

Convicted murderer Andre Hypolite during his trial in 2006