THREE members of a Gwent gang who murdered an Indonesian merchant seaman failed in a bid to get their convictions overturned yesterday.

Jan Pasalbessy, 48, was kicked and beaten in front of his then 14-year-old daughter, Christina, as he lay on the ground outside Newport's Royal Gwent Hospital.

He suffered fatal head injuries after slipping or being pushed as he attempted to flee from the gang on June 12 2000 following an argument which began inside the hospital.

He hit his head before being set upon. He had already suffered racist taunts from two of the gang, the original trial at Newport crown court was told.

Roger Talbot, 22, of Cwmbran, Ashley Haynes, 18, of no fixed address, Carl Rosser, 18, of Newport, and Emma Oates, 21, of Newport, were all found guilty of murder at Newport crown court in February last year.

Talbot was jailed for life, Oates and Haynes were sentenced to custody for life, and Rosser was ordered to be detained at Her Majesty's Pleasure.

In London's Court of Appeal yesterday, Haynes, Rosser and Oates sought leave to appeal their convictions. Oates had always denied any participation in physical violence but the original trial judge, Mr Justice Richards, said she shared in the responsibility for the crime.

The appeal bid failed and the case was dismissed Lord Justice Mantell told them: "The tragic outcome was that he struck his head on the pavement or kerb, from which he suffered injuries which eventually led to his death. "Some members of the pursuing group caught up as he lay prostrate on the pavement, delivering blows with their fists and feet.

"It is accepted that what happened after the fall did not make a significant contribution to the cause of death, which was a direct result of Jan striking his head on the pavement."

The prosecution said the gang were guilty on the grounds that they had pursued their victim with intent to do "really serious harm", said the judge.

Mr Pasalbessy had given up his job as a merchant seaman to care for his stepdaughter after her mother died of cancer, the appeal court heard.

The killing stemmed from a row between Oates and Christina Pasalbessy, culminating in another girl punching Christina when Oates asked her to, the court was told.

By bad luck Christina and her stepfather then met Oates and her accomplices in hospital, where Christina had gone for treatment for her injuries.

Lord Justice Mantell said Mr Justice Richards, had given the jury a "masterly" summing up.

He also rejected criticism of an "aide memoire" prepared by the judge for the jury, which lawyers for Haynes and Rosser claimed might have deflected the jury from their considerations.

PICTURED: Jan Pasalbessy who was kicked and beaten in front of his daughter.