Kevin Dowling
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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.
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Blaming drink and or drugs alone for the behaviour of youth is wrong. When you have a generation that has grown up to regard law and order as a joke, and rarely ever sees any police officers, then you have a problem. If you add to this the decline in family life, the increase in violence on TV, computer games and in real life, and the use of mobile 'phones to film and then post on the internet savage beatings up, then you get the full picture of the Blair/Brown project. An old woman refuses to pay her Council Tax? She goes to prison. Some yobs beat a man to death and - well what 'extenuating circumstances' will their brief dream up before their light sentences are passed? We don't value our brave troops in a war none of us understands, but we seem to regard the 'human rights' of the worst dregs of society as somehow to be cherished at any cost. I wonder if the political parties are surprised at the alarming drop in voting at elections in this country. Are they surprised at our cynicism
Mike Hunt, London, uk
Yet our politically correct masters still insist that householders have no right to defend themselves with weapons. The legal doctrine of "reasonable force" holds that the victim, or intended victim, of crime may only use a level of force comparable with that already used against him. So, after they had kicked him to death's door, Mr Witherall would have been allowed to fetch a weapon and defend himself with it. But not before. Had he used a knife, gun, baseball bat, or the like to reduce the odds against him by incapacitating one or more of these young swine as they left his house, he would have been the one facing a long prison sentence. Although Tony Martin was the victim of burglars, it was he was was jailed for life when he shot one of the two men he found in his house in the middle of the night. Had he not done so, who can say whether they might not have given him the same treatment as Mr Witherall?
Tom Welsh, Basingstoke,
You're absolutely right Martin, and if they shouldn't be released then there's no point in keeping them alive is there?
Until the return of the Death Penalty for such crimes, more innocent people will continue to die at the hands of these vermin.
They'll probably get a playstation in the prison, and a chance to mix with and laugh with other scum who would be better cleansed from our society.
Reports like this are a weekly 'event', do you want to wait until they become a daily one?
Terry, Bagneres, France
20, 23 and 16 years are NOT life sentences. People who commit crimes like this should never be released from jail. It is not safe to have them at large in society.
Martin, Newmarket, Suffolk