A NEPHEW has been formally acquitted of being part of a plan to carry out a 15-year-old revenge attack.

Kieran Kevin Harris’ uncle Mick Brolly, 34, of Walmgate, York, was killed in Low Ousegate, York, in 2001.

Matthew Carney, now 45, was charged with his murder, but was formally acquitted in 2002.

He was found badly injured with brain damage in a remote part of York on August 12 last year.

Earlier this year, Mr Harris, 22, of Bell Farm Avenue, off Huntington Road, York, stood trial with another of Mr Brolly’s nephews, Paul Rishworth, 31, of no fixed address, and two other people, on charges connected to Mr Carney’s injuries.

The trial was dramatically halted when Rishworth died in prison. An inquest into his death has opened and heard that doctors have yet to establish the cause of death.

Rishworth had denied a charge of attempted murder of Mr Carney but admitted an alternative charge of causing grievous bodily harm with intent to Mr Carney.

Paul Mitchell, prosecuting, told Leeds Crown Court yesterday that the CPS had reviewed the case following the end of the trial and decided that the case against Mr Harris was no longer sustainable.

He formally offered no evidence against him.

Mr Harris was discharged from the dock with a not guilty verdict. He had only faced one charge, of conspiracy to commit grievous bodily harm to Mr Carney, which he had denied.

The prosecution had never alleged he had been present when Mr Carney was injured.

The other two defendants were husband and wife Scott Hurst, 29, and Keeley Hurst, 23, both of James Street Caravan site, York. Each denied the attempted murder of Mr Carney and the alternative charge of causing grievous bodily harm with intent.

At yesterday’s hearing, Mr Mitchell told the Recorder of Leeds, Judge Peter Collier QC, the prosecution now only intended to prosecute them on the charge of causing grievous bodily harm with intent, which they deny. “The not guilty plea to attempted murder is accepted,” he said of both Hursts.

The trial is listed for October at Leeds Crown Court.

Keeley Hurst was released on bail. Scott Hurst was remanded in custody.