A footballer has been sent back to jail after judges rejected an appeal against his conviction for a brutal attack.

Livingston defender Declan Gallagher was sentenced to three years in prison last year along with co-accused, hairdresser Anthony Murray, for the serious assault.

Both were released on bail pending the appeal, with the Scottish Championship side re-signing the player ahead of the challenge being heard.

The pair were returned to prison on Wednesday after three judges at the Court of Criminal Appeal in Edinburgh decided there had been no misdirection by Sheriff Douglas Brown at their earlier trial at Hamilton Sheriff Court.

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Gallagher, 24, of Heron Rise, Dundee, and Murray, 30, of Ashley Place, Blantyre, were convicted of assaulting Steven Findlay to his severe injury and to the danger of his life in an attack at the Parkville Hotel on Glasgow Road in the South Lanarkshire town on April 21, 2013.

While acting with others they repeatedly punched and kicked him on the head and body and knocked him to the ground and struck him on the head with a baseball bat or similar implement.

The victim suffered head wounds, a fractured skull and brain haemorrhage. A paramedic kept talking to him to try to keep him conscious as he was taken to hospital after the assault.

The sheriff said: “I considered that the sentence of three years which I imposed was at the lower end of the scale for a crime of such gravity, being a vicious assault with a weapon causing danger to life.”

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Gordon Jackson QC, who appeared for both men, argued the sheriff had erred in responding to a question from jurors.

Advocate depute Ashley Edwards maintained there had been no misdirection and told appeal judges: “There was no confusion in his directions.”

Lady Smith, who heard the appeal with Lord Drummond Young and Lady Clark of Calton, said the jury had posed a question over whether or not they could delete the phrase “baseball bat or similar implement” from the charge.

The sheriff held a discussion with the prosecutor and defence before addressing jurors.

Mr Jackson said his address amounted to a misdirection, particularly as he had indicated they could leave the word “implement” and delete “baseball bat or similar”.

He argued there was a real possibility the jury did not do what was in their contemplation because of the sheriff’s direction.

Lady Smith said they were not satisfied that what had occurred amounted to a misdirection by the trial sheriff.

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She said: “These appeals are accordingly refused.”