A MURDERER who beheaded and dismembered an East Lancashire teenager has launched an appeal against his conviction.

And the furious family of Christopher Hartley, 17, have branded the decision to allow killer Stuart Diamond the chance to make his challenge as disgusting.

Christopher, went to Blackpool to find work in 1997 but was strangled by Diamond in his bedsit and then hacked up in the bathroom.

Remains of his headless body were found in a bin at the back of the New Central Hotel, Blackpool, and in a sports bag dumped in the resort just before New Year's Day that year.

Despite a massive police search Christopher's head was never found.

Diamond, 28, who is represented by Darwen solicitor Stephen Rees, was caged for life in 1999 for murder.

"Yesterday he was granted the chance to challenge his conviction in the Court of Appeal, after the Criminal Cases Review Commission (CCRC) - responsible for reviewing possible miscarriages of justice in England, Wales and Northern Ireland - declared he had grounds to attempt to get his conviction reduced to manslaughter on the grounds of diminished responsibility.

The decision has outraged Christopher's family who were today planning to protest against Diamond's appeal bid outside the secure unit at Ashworth Hospital, on Merseyside, where the killer is locked up.

Christopher's aunt, June Hunt, 46, from Burnley is protesting against the bid on behalf of the family.

She said Christopher's parents Philip and her sister Jean, both 53 from Burnley, were still too upset to speak about their son's death.

Miss Hunt said: "We are highly disgusted at the decision. It was a brutal murder. He mutilated Christopher and has still not said where his head is.

"It is the anniversary of Christopher's death this month.

"None of the family have forgotten what happened or ever will.

"My sister is upset he is appealing.

"The family are trying the best they can to get on with their lives but they have been destroyed.

"We feel he has no grounds to appeal."

Christopher, attended Myrtle Bank and Harger Clough Primary Schools in Burnley and later Tullyallan Special School, in Darwen.

He wanted to join the army but moved to Blackpool, where his brother and sister, Stephen and Michelle were living, to find work in the resort when he could not find a job.

Christopher spoke to his parents by telephone on Christmas Day and was due to visit them in Burnley on New Year's Day. His Christmas, present, a jacket, was waiting for him.

Police never found a motive for the horrific killing.

After he was found guilty of murder at Preston Crown Court details of Diamond's past came to light.

It included two convictions for violence. In one incident a man needed 130 stitches after Diamond slashed him in the face with a knife.

A psychiatric report drawn up from a previous conviction showed how Diamond fantasized about carrying out a murder.

He was on licence from prison when he carried out the gruesome murder of Christopher.

Passing sentence judge Douglas Brown warned Diamond he might never be released.

Following Christopher's death his sister Julie died after an illness.

Family and friends gathered for his funeral at St Mark's Church, Rossendale Road, Burnley before Christopher was buried in the town's cemetery.

Christopher also had two other brothers Joseph and Michael.

Miss Hunt added: "Christopher has a happy go lucky kid.

"He went to Blackpool looking for work and met his death. He had everything to look forward to.

"His sister died after Christopher's death and we believe she died from a broken heart."

Diamond, who is represented by Stephen Rees from Darwen Law Chambers Solicitors, Railway Road, tried to appeal against his conviction twice in 2000 and 2003 which were thrown out.

However, after he applied to the CCRC in March 2005, he was granted an appeal after new psychiatric evidence came to light.

A spokesman for CCRC said: "Having considered new psychiatric evidence relating to Mr Diamond, the commission has decided to refer his murder conviction to the Court of Appeal.

"This is on the basis that there is a real possibility that the Court would conclude that Mr Diamond was suffering from an abnormality of mind, as defined by the Homicide Act 1957, which might have substantially diminished his mental responsibility for the killing of Mr Hartley.

"Consequently, the commission considers that there is a real possibility that the Court of Appeal would substitute a manslaughter conviction on the grounds of diminished responsibility."