A GRIEVING father has spoken of his despair after learning that the youth who killed his son is being granted leave to appeal.

A jury found the 17-year-old guilty of the manslaughter of Dave Berry, 16, who was thrown into the river Stour at Sturminster Newton last June.

But yesterday a judge sitting in London's Royal Courts of Justice gave him leave to appeal against his conviction and his sentence.

Bournemouth Crown Court had heard in March how non-swimmer Dave, who had a fear of water, had been dragged along the Colber bridge, had his grip wrenched from the railings and been thrown to his death as other youngsters swam and picnicked.

Panic set in and several tried repeatedly to find him but it took a major operation from police divers to recover the body.

The convicted youngster, who cannot be named for legal reasons, was sentenced to 18 months' youth custody and his co-accused - who had pleaded guilty to the offence - received eight months.

Heartbroken father John Berry called the sentences "a slap on the wrist" and applied to the Attorney General to have them increased.

His plea was turned down but the teenager's legal team mounted arguments, saying the case against their client should be quashed.

John Aspinall QC claimed the death had resulted because of "rough horseplay".

He said the trial judge had been wrong to rule that, because Dave had not consented, the teenagers' actions amounted to an unlawful assault.

"We say this was not criminal conduct," Mr Aspinall told Mrs Justice Gloster.

"When someone engages in horseplay and it has unintended, unforeseen and tragic results, that does not constitute criminal conduct."

The central issue was for the jury, not the judge to decide, he added.

Mrs Justice Gloster accepted the case against conviction was "arguable" and allowed leave to appeal the sentence after Mr Aspinall claimed it was "disproportionate" to the term imposed on the co-accused.

Mr Berry told the Daily Echo: "It's proof that his (Dave's) life doesn't mean anything - there is nothing left to believe in."

First published: May 11