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Friday, 26 April, 2002, 13:11 GMT 14:11 UK
Lake deaths Briton appeals conviction
Brescia court
Lilley's trial took place in Brescia
A Briton is to appeal his manslaughter conviction for an incident in which three people died following a boating accident.

A solicitor acting for John Lilley confirmed he would contest the conviction handed down for causing the deaths of three family friends, after a storm on Lake Garda in August 1998.

Lilley, 47, from Aberdeen, was given a suspended 20 month jail sentence at a court in Italy in December.

The trial judge said the tragedy was due to Lilley's imprudence about conditions on the lake.

John Lilley
John Lilley: Lodged appeal

Several others, including the owner of the hire boat and four Italian policemen, also received suspended sentences.

Lilley was found guilty of causing the deaths of headteacher Richard Harris, 50, and his two sons Timothy, 13 and Luke, six, from Renhold in Bedfordshire.

However, his solicitor Paul Rendell said: "He has lodged an appeal against the conviction.

"It has been lodged at the court and the matter will progress from there."

The appeal could take anything up to two years to be heard.

Commenting on the move, Lilley said he was hopeful of winning his appeal.

He said: "All I know is that my lawyer in Italy is going ahead with an appeal and I have been told by my solicitor in Britain that he would not do so without pretty good grounds."

Italian law

In a written explanation following the verdict, trial judge Francesco Maddalo, said that Lilley failed to properly inform himself about safety measures and conditions on the lake.

The motivations for the sentence were deposited at the court in Brescia, 70 days after the trial ended last December - as is normal under Italian law.

The three month trial in the Italian city of Brescia followed the tragedy on picturesque Lake Garda where the Lilley and Harris families had met while on holiday in August 1998.

Boat hire advert
The group had hired a boat

The court heard how Lilley had hired a boat and taken his two children and the Harris family out onto the normally tranquil lake for an afternoon on the water.

As he had used his British driving licence Lilley was deemed under Italian law to be the captain of the boat and therefore held ultimately responsible for the safety of those on board.

The court had heard how shortly after the party had gone onto the lake a storm blew up and turned the lake into a wall of water with waves four metres high.

The party's boat overturned and Mr Harris and his sons drowned.

The rest of the group, Lilley, his two children and Mrs Catherine Harris, spent more than 12 hours in the water before they were rescued the following morning.

At first, Lilley was hailed a hero but then after a police investigation he was charged and he flew to Brescia to give evidence along with his wife and two children last October.

Mr Rendell said: "The court have misdirected themselves on the evidence that was before them.

"At the end of the day, the evidence does not uphold the finding of the court."

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News image BBC Scotland's Colin Wight reports
"The appeal could take anything up to two years to be heard"
See also:

12 Mar 02 | Scotland
Lake deaths Briton 'imprudent'
03 Dec 01 | Scotland
Lake deaths Briton found guilty
19 Nov 01 | Scotland
Lake tragedy jail plea
28 Sep 00 | Scotland
No claim over boat tragedy
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