A WORCESTERSHIRE man jailed for killing another man by driving a nail into his skull can apply for his freedom as early as 2010 following a judge's ruling.

David Lloyd, aged 30, was jailed for life at Worcester Crown Court in March 1999 after he was convicted of murdering Michael Garbett, who was battered to death after being ambushed by Lloyd and his co-accused, Brian List.

List, who formulated the murder plan in revenge for Mr Garbett's alleged ill-treatment of his aunt, was convicted alongside Lloyd after also standing trial.

After reviewing Lloyd's case at London's Royal Courts of Justice, Mr Justice Butterfield ruled he must serve a minimum jail tariff of 12 years before he can seek parole.

The judge, said List and Lloyd, who are cousins, were drinking together on the day of the murder, and List's rage at his aunt's ill-treatment began to "infect" him during the night, as each man became the worse for drink.

Lloyd had "no obvious reason" to dislike Mr Garbett, said the judge. He scarcely knew him.

On the day of the killing - April 26, 1998 - List's aunt complained that Mr Garbett had hit her.

The killers tracked Mr Garbett to the Horse and Jockey pub, Far Forest, near Kidderminster, and ambushed him as he got into his car.

They then attacked him, kicking and stamping on his head and assaulting him with a nail-studded plank.

"The nail attached to the wooden plank was driven through the corner of his eye deep into the skull cavity," the trial judge said, adding: "He died shortly thereafter".

At trial both men blamed each other for the killing, but were each convicted.

The sentencing judge had accepted that List alone conceived the murder plot, but said Lloyd later carried it out with equal zeal.