A JURY has acquitted former Settle man Raphael Catherwood of the murder of a 26-year-old man who fell 15 feet from a balcony in town and later died from his injuries.

Judge Alastair McCallum directed the jurors at Leeds Crown Court to find Catherwood, 26, now of Grosvenor House Mews, Manchester, not guilty of the murder of Matthew Turner and another charge of violent disorder.

It followed submissions at the end of the prosecution case.

The judge also directed a not guilty verdict on his brother, John Gordon Catherwood, 36, of Stackhouse Lane, Settle, and friend Mark Howes, 21, of the town's Duke Street, who both denied violent disorder.

Judge McCallum asked the police to pass on concerns about the safety of the balcony at The Shambles, in Settle, after hearing that the railings were only 77 centimetres high.

The jury also learnt how on November 7 1998 another man had fallen over the railings after misjudging the height of them.

The judge told Andrew Robertson QC, prosecuting: "I know the jury are very concerned about this. It seems to me if something can be done about the state of the railings at the Shambles it may be possible to prevent another tragedy like this."

It is believed The Shambles is owned by Greenwood Properties Ltd, but when the Herald contacted the firm it refused to say whether it owned the building.

Raphael Catherwood's solictor John Mewies said his client did not want to comment on the trial.

But he added: "His overall feeling is one of relief. It has been a traumatic year, and he wants to express his gratitude for the tremendous support bestowed upon him by his family and friends."

During the trial the jury had heard that Mr Turner, of Newsholme, Huddersfield, and two friends from Halifax had gone out drinking in Settle and then gone uninvited to a party at John Catherwood's flat, 3 The Shambles.

A ploy to get them out peacefully by suggesting they went to buy alcohol from a non-existent garage failed, and shortly after a fight started on the balcony.

Raphael Catherwood told police he saw one of the men hit his brother and he was also hit in the face. He had his hands up to protect himself and had lashed out but had not made contact with his assailant.

He said another man had barged between them and he saw Mr Turner "stumble backwards" before he went over the railings.

"I saw him trying to grapple with the railings when he went over but that is all I saw," he told police. "No-one pushed him."

He denied using his belt as a weapon. It had been found on the balcony tied in a loop.

John Catherwood told police that he had been hit in the face and went down. When he came round he said he staggered into the house and only learnt that Mr Turner had gone over the balcony when someone came to tell him.

"I can remember being assaulted on the balcony. I don't remember fighting in a mele on the balcony," said John Catherwood. "In my opinion I am the victim here. These people broke into my house. If they had not come up in the first place none of this would have happened."

Forensic scientist Gillian Leak told the court that blood had been found on the base of Mr Turner's shirt but there was no corresponding injury to his lower back. She said this suggested the shirt had been pulled over his head before he had fallen.

She also found four buttons from Mr Turner's shirt on the balcony and a belt which had been "looped". She suggested it might have been used as a knuckle duster.

Judge McCallum told jurors: "In order for the prosecution to establish that Raphael Catherwood committed a murder or man-slaughter, the very first hurdle they have to get over is to be able to place evidence before you to satisfy you it was an unlawful act which he did which actually caused Mr Turner to fall to his death.

"And, having listened to all of the evidence, I have taken the view that you should not be placed in that position."

He added that for violent disorder to be proved against the brothers, prosecution had to show their actions were not in self defence. He said after hearing the evidence the prosecution could not prove it.

Howes was also found not guilty of violent disorder after the prosecution agreed that there was no evidence against him.

The two other men from Halifax, Martin William Harrow, 30, of Siddal Lane, and Andrew Michael Smith, 26, of West Bank, Illingworth, have already pleaded guilty to violent disorder. They will be sentenced at a later date.

Michelle Littlewood from Settle, who tried to help Mr Turner, will receive £250.