THE family of a soldier shot dead by a drunken squaddie are appealing against the killer's sentence.

Guardsman Dean Troy Eddy, 21, of Billingham, Teesside, was killed when a round went off and hit him after Green Howard John Michael Smith seized a rifle from a soldier on guard duty and pretended to shoot his colleagues.

The Army was criticised after it was revealed that Smith, 26, of Hartlepool, had admitted drinking ten beers and two vodkas in the Naafi at Shackleton Barracks, near Londonderry, Northern Ireland.

Mr Eddy's mother, Janet Wilson, is angry that Smith was allowed to go free from court after he was handed an 18-month jail term, because he had already spent nine months on remand at another Army base.

The family have lodged an appeal following the sentence after the judge refused to overturn his decision.

Mrs Wilson, of Bedford Terrace, Billingham, said: " It will now go before three appeal judges and we should have a date within the next five weeks. I am absolutely gutted by what has happened. The whole family cannot believe it. To walk without serving one night in jail, where is the justice in that?

"It was a massive shock. We are hoping we will have justice at the appeal hearing.

"Smith has said sorry through his solicitors, but not to our face. He never even looked at us in the courtroom."

Mrs Wilson said she was told by police that Smith would be a given a sentence of six to ten years, and said the Ministry of Defence told her Smith had not been discharged from the Army.

She is backing calls from the mother of soldier Tony Green, of Stanley, County Durham, who was shot dead at the same base in January 2001.

Liz Green has been campaigning for a public inquiry into non-combat deaths in the Army, alongside families from Catterick Garrison, in North Yorkshire, and Deepcut barracks, in Surrey.

Her son died after he was shot by Private William Graham, who was given a two-year sentence and later promoted after he was allowed to remain in the Army.

Mrs Wilson said: "I fully support a public inquiry.

"I will not give up until I get justice for my son.