Kevin Dowling
Claim your free 2010 double sided wall chart
A judge yesterday described three young murderers as “a pack of hyenas” for kicking and stamping a father of three to death when he disturbed them burgling his home.
Curtis Delima, 19, Mark Elliott, 21, and Gerry Cusden, 16, were handed life sentences for viciously attacking Mark Witherall, 47, after he chased them out of his house in Whitstable, Kent.
They beat Mr Witherall until he lay unconscious on the pavement before going back inside and ransacking his house.
Passing sentence at Maidstone Crown Court, Judge Timothy Pontius said: “The three of you intended to hurt Mark Witherall very badly, as together you kicked and stamped on him as he lay utterly defenceless on the ground.
“The fatal injuries were by repeated blows with feet — not heavily shod but wearing trainers, a fact which underlines the savagery and force behind those kicks — leading to massive internal bleeding.”
Mr Witherall, a bricklayer, suffered massive internal bleeding in the attack and died of his injuries in hospital after spending more than five weeks on a life-support machine.
Outside court yesterday, his family spoke of their devastation at the attack, which took place on January 27 last year.
His former wife Michelle, 38, who had a 10-year-old daughter and an eight-year-old son with Mr Witherall, said the family were “relieved” at the sentences.
She said: “I think the sentences were fair. Now we can move on and rebuild our lives and get a normal life for the children.”
She said that the close-knit family had been left “devastated” by the murder. Mr Witherall also had a 30-year-old daughter from another relationship. Members of the family sat in the public gallery and applauded prosecution lawyers and the judge after Elliott, Delima and Cusden were led away from the dock.
Mr Witherall’s 74-year-old father, Mark, said that he was pleased with the result. “None of the three lads seem to be able to comprehend what they have done. I couldn’t tell you what I think of them. The family feel that justice has been done though.”
The attack on Mr Witherall was recorded by a microphone on a CCTV camera at a neighbouring house, which was pointing away from the Witherall home.
As their victim lay groaning on the pavement, the attackers could be heard discussing the details of burgling his home. The group then ransacked the house, stealing a PlayStation and a stereo among other things, before they fled.
The trio had stolen the keys to the house from Mr Witherall’s partner, Sally George, 47, whom they had met at a party earlier on that day. Judge Pontius said it was a “grave crime” which was made worse by the fact that none of the defendants seemed to show any regret for what they had done.
He said: “Various comments made by all of you at various times before, during and after the attack on Mr Witherall demonstrated a callous lack of concern for him.”
He also criticised them for the fact that during the trial all three had attempted to defend themselves by blaming the attack on one another.
“Fortunately the jury was not to be fooled by such shameful and cowardly tactics . . . On that day they turned on Mark Witherall like a pack of hyenas,” the judge said.
“It’s difficult to understand what can possibly motivate three young men, one then a youth of only 15, to not only take advantage of a woman’s condition through drink by stealing her keys, and setting off to let themselves into her house with the specific intention of stealing from it, but also when disturbed by her partner inside the house and chased out by him, to turn on the unfortunate man and to attack him with fists and feet, with such sustained and merciless ferocity that medical skill was unable to save his life.”
Delima was jailed for a minimum of 20 years, Elliott 23 years and Cusden 16 years. Sentences imposed for the second offence of conspiracy to commit burglary were included in their overall sentences.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
Competitive
Hickman and Rose
London
Southwark County Council
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now for Free Stateroom Upgrades, Free parking at Southampton & Free Onboard Spend!
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Wintersun - inspiration for your winter holiday
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2010 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.