THE brother of a man jailed last year for the murder of Glyn Helliwell signed a confession to the crime, a court has been told.

Jake Brand, 23, was sentenced to life imprisonment, and told he would have to serve at least 23 years after he was convicted of the murder in January 2012.

However, he has launched an appeal against his conviction – which was thrown out – on the basis of an affidavit signed by his brother Danny Brand, 30.

He had accused his brother of the murder during his trial.

Popular chef Mr Helliwell, 42, was walking along Parkwood Road in Southbourne in the early hours of July 6, 2011, when he was stabbed to death with a kitchen knife.

Both Jake Brand and his brother were arrested but only the former was charged At the Court of Appeal in London, Jeremy Dein QC, for Jake Brand, said although he had not told police he believed his brother was responsible at interview, he had told his solicitor at the time.

He also said Danny Brand, who was supposed to attend the hearing but had gone missing, had confessed to family members before the conclusion of the trial.

“Would he say that he stabbed Mr Helliwell in the knowledge that the consequence was bound to be prosecution and conviction for murder if it were not true?” he asked.

“The reality of the situation is that there is a clear doubt, in the face of Danny Brand’s affidavit, taken within the context of events, about which of them stabbed Mr Helliwell.”

The judges noted that the affidavit “just so happens” to contain possible defences should Danny Brand be put on trial for the murder, since he claimed to have acted in self defence.

Mr Dein said: “If in due course he is prosecuted and raises those defences it does not compromise the fact that the innocent brother is languishing in prison.”

The appeal was refused by the court.

Lord Justice Fulford said Jake Brand’s account of events at his trial, while on oath, differed substantially from that advanced by his brother in his affidavit.

“This account by Danny Brand is simply not credible,” he said.

“It seems to us that this demonstrates an attempt to provide an account to assist his brother, which, when he is then prosecuted, provides him with two defences on which he could be acquitted.”

Jake Brand’s mother has said she believes her other son was responsible for Glyn Helliwell’s death.

Speaking to the Daily Echo, Nina Winter said she wants justice for him, and for Mr Helliwell’s family.

“I don’t want either of my sons to go to prison, I love them both, but if one is going to be in prison it should be the right one,” she said.

“I know Jake isn’t whiter than white but he is not a cold blooded killer.

“When he was arrested he looked me in the eye and said “mum, I didn’t kill him”, and I know my boys.”

Ms Winter said the family believed Danny’s Brand’s version of incident, although they believed the cocktail of drugs and alcohol he had taken that night would have impaired his memory.

“It was a terrible thing which got out of hand, but we aren’t trying to brush over the fact that a man died,” she said.

“My heart goes out to his family.

“My ex partner was killed in a violent murder 15 years ago, which Danny witnessed, I know how it must feel for them.

“They deserve to know what really happened, and Danny knows.”

Ms Winter and her mother Maria Winter said they felt Danny Brand should have been at the hearing.

“If Jake can launch another appeal he will, but the lawyer told us it wouldn’t have much chance without Danny there to speak to the judges,” she said.

The father of victim Glyn Helliwell says he believes the right man is in jail.

Derek Helliwell said the appeal had upset his family more than the trial last year.

“We have been thinking about it every day, it is really getting to us because it is dragging on and we don’t know where it is going,” he said.

“This is something that we wanted to put behind us.

“I kept an open mind at the trial but in the last couple of days I was convinced that it was Jake who killed Glyn.

“I think the right man is in prison.”