THE Attorney General has refused leave to appeal against a sentence awarded to a drunken man who killed a fellow North-East soldier.

Lord Goldsmith QC has written to the family of Dean Troy Eddy to inform them an appeal against an 18-month jail term handed to his killer will not be heard.

Mr Eddy's family, of Billingham, Teesside, were devastated when Green Howard John Smith was allowed to walk free from court because he had spent nine months on remand at an Army base.

They launched an appeal but received a letter yesterday informing them the sentence did not fall out of the range of sentences available to the presiding judge.

The family plans to apply to the House of Lords for the decision to be reconsidered.

Mr Eddy's mother, Janet, of Bedford Terrace, said: "It is another slap in the face. I just can't believe it. I can't move on because there is nothing to move on with.

"How can they call this British justice? It is a joke."

Belfast Crown Court heard how Mr Eddy, 21, was killed when Smith, of Hartlepool, seized a gun from a soldier on guard duty and pretended to shoot his colleagues.

A round went off, killing Mr Eddy at Shackleton barracks, near Londonderry, Northern Ireland.

Smith had admitted drinking ten beers and two vodkas before the incident.

Mr Justice McLaughlin refused to overturn his decision to allow Smith to walk free from court or to award him a longer sentence after the soldier admitted a charge of manslaughter.