A FORMER Newlyn fisherman has had his murder appeal thrown out by the Court of Appeal today.
Brian Harrison, 31, formerly of Gwavas Estate, was originally convicted of causing grievous bodily harm after a vicious and sustained attack on victim Neville Dunn on New Year's Eve in 2007.
But Mr Dunn never recovered from his wounds and died of his injuries in October 2009.
Harrison was convicted of murder in March of this year at Truro Crown Court and given a life prison sentence with a minimum tariff of 12 years imprisonment.
Today Harrison attempted to have his murder conviction overturned but this was dismissed by The Court of Appeal.
The ruling has been welcomed by Devon and Cornwall Police, who had to seek authority from the Attorney General to prosecute Harrison for murder after Mr Dunn died.
DC Gail Windsor said: "We are pleased at today's outcome.
"This was a highly unusual case and we had to seek permission from the Attorney General to bring the murder prosecution.
"The assault on Mr Dunn was a violent and premeditated crime and it is clear that his death was a direct result of the injuries sustained in the attack.
"For the past five years, Mr Dunn's family has suffered a terrible ordeal but the dismissal of this appeal will hopefully finally provide closure and help them move on with their lives."