THREE young killers who murdered a widower outside Newport's Royal Gwent Hospital could be out of prison before the end of the decade after a top judge ruled they were "perhaps unfortunate" to be convicted.

Ashley Haynes was 18, Emma Oates, 19, and Roger Talbot, 21, when unanimously found guilty in February 2001 at Newport crown court of murdering 48-year-old father Jan Pasalbessy.

Mr Pasalbessy was kicked and beaten in front of his 14-year-old stepdaughter, Christina, as he lay on the ground outside the Royal Gwent Hospital.

He suffered fatal head injuries after slipping or being pushed as he attempted to flee the gang following an argument.

The original trial at Newport crown court heard he suffered racist taunts from two of the gang.

Oates, Haynes and Talbot were given life sentences. Yesterday at London's Royal Courts of Justice, Lord Justice Richards ruled "racial hostility did not play a major part" in the June 2000 killing.

The judge said Mr Pasalbessy, an Indonesian former merchant seaman, had died from a fractured skull after striking his head on the ground, and the trio were "perhaps unfortunate to have been convicted of murder".

Mr Pasalbessy had "probably given as good as he got" earlier in the violent episode, and although the jury had rejected the trio's defence of provocation, "there was provocation in the informal sense", the judge added.

Reviewing the minimum terms, or "tariffs" imposed on the three killers, the judge ruled Haynes must serve a minimum of eight years behind bars - to run from the date he was sentenced - before he can seek parole. Oates had her tariff set at eight years and Talbot at nine. But after periods spent on remand are deducted, Haynes and Oates will be able to seek parole in 2008 and Talbot in 2009.

Carl Rosser, 16 at the time, was also convicted of murder, and has already had his tariff set at seven years.

None will be freed until they can persuade the Parole Board they pose no public danger.

They will remain on "life licence" for good. On the day Mr Pasalbessy died, Lord Justice Richards said the widower was furious that his 14-year-old stepdaughter, Christina, had been hit by another girl.

He took her to the Royal Gwent Hospital and by coincidence Rosser, later, was also there, awaiting treatment for a leg injury.

There were angry scenes in casualty but Mr Pasalbessy and the youths encountered each other outside.

The judge said the defence's "main thrust" at trial was that he was "making karate-like gestures and indicating he wanted a fight".

The judge said: "The key point is that the defendants caused the deceased to fall to the ground and hit his head against the road, thereby fracturing his skull."

Mr Pasalbessy was taken to hospital but was unresponsive and certified dead next day.