Three youths laughed as they were sentenced to life for kicking a man to death.

Nick 0208 Ldn

Two men and a teenager have been jailed for life for murdering a father who they kicked and stamped to death while trying to burgle his house.

Curtis Delima, 19, Mark Elliott, 21, and Gerry Cusden, 16, were found guilty of murdering Mark Witherall, 47.

They turned on Mr Witherall in January last year after he confronted them in his home in Whitstable, Kent.

Delima was told he will serve a minimum of 20 years, Elliott at least 23 years and Cusden at least 16 years.

Judge Timothy Pontius said the trio, who were found guilty last month after a nine-week trial at Maidstone Crown Court, had behaved like a "pack of hyenas".

'Savagery and force'

"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," he said.

"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."

The jury heard CCTV footage of the attack, which captured the attackers' voices as they kicked and stamped on Mr Witherall.

The court was told they had been to a party attended by Mr Witherall's partner, Sally George, 47, after drinking all day.

They took her house keys from her bag when she was not looking and let themselves into her property to look for valuables.

When Mr Witherall woke up and chased them out of the house Elliot picked up a spirit level which he gave to Delima who then hit the 47-year-old in the face.

The group kicked and stamped on him as he lay on the ground before stealing items from the house.

Lawyers applauded

Mr Witherall, who had two daughters aged 30 and 10 and an eight-year-old son, was on a life-support machine in hospital until his death on 7 March last year.

The jury also found Elliot guilty of conspiracy to murder. Delima and Cusden, who was aged 15 at the time of the attack, had previously pleaded guilty to the charge.

A 21-year-old woman, Carley Firminger, was cleared of the murder.

Members of Mr Witherall's family, who were sitting in the public gallery, applauded prosecution lawyers and Judge Pontius after Elliott, Delima and Curtis were led away from the dock.

Speaking outside the court, Mr Witherall's former-wife Michelle said the family were "relieved" at the sentences.

Mrs Witherall, 38, who has a 10-year-old daughter and an eight-year-old son with Mr Witherall, said: "The sentences were fair. Now we can move on and rebuild our lives and get a normal life for the children."

She said the close-knit family had been "devastated" by the death of Mr Witherall, who also had a 30-year-old daughter from another relationship.

Mr Witherall's father, also named Mark, said he was pleased with the result.

Mr Witherall, 74, said: "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."

http://news.bbc.co.uk/1/hi/england/kent/7354488.stm



Similar happened in court during the trial for the horrific murder of Sophie Lancaster. How...?

Fivelive had the sister of this man on tonight telling her story and it was so sad to listen to, and it leaves you either despairing or angry or both at once.

23 years which is the most that one of these got, it simply isn't enough. Have we heard back on the sentences in the Sophie Lancaster case yet? I don't think we have though maybe i missed it somehow.

holyland red

I agree with your sentiments. one of those cunts is oing to be back on the streets at 32. Sad to think that the victim's family thinks its a fair sentence, which reflects their expectations. I can't see why the three scumbags deserve any less than a true life sentence.

Chris H

The article didn't say anything about them laughing. Was that in another article you read? The judge said they acted like "a pack of hyenas", but I think he was referring to the night they committed the murder.

They got off lightly. Pretty good chance they'd be in for quite a bit longer here in the States. With the video evidence, prosecutor might have gone for the death penalty if he was in a state that has it.

topper

a neighbour cctv caught their voices during their "fun" and they were laughing - the bastards

as a side issue we occasionally get tit bits of crime across the pond and ae amused? by it - IMO we are fast approaching if not already past our cousins in the "art" of senseless violence

No doubt some bleeding heart will turn up and say its because kids of today have nothing to do

Nick 0208 Ldn

Yeah sorry, sort of blurred what the sister said on the radio with what they published in that piece.

Here they say that they were smirking and not laughing but still :: http://www.thesun.co.uk/sol/homepage...cle1064113.ece

However as i said, on the radio in an interview she told of how they laughed both yesterday and throughout the trial. The trio also made obscene guestures toward the family from the dock from early which they had to ignore, and at one point they somehow had a ball in there during proceedings, the mind boggles.

No remorse whatsoever, and no respect for the family nor the court, it was as if it were all a wild joke to them.

Perhaps we could reopen a coal mine and send them there to live out their days.

topper

because if they were given the true life sentence they deserve some softies would start weeping/protesting and want/prefer them rehabilitated ?

Unfortunately the victims chance of rehabilitation is zero

Spoonov

Both adults. I thought youths were described as under 18.

Plechazunga

Five Live said they were grinning at each other in court

No complaints about the punishments, the got life sentences

Team Brian GB

The disgraceful thing is that the Justice Department keeps a list for people with a life sentence which actually means life- it is believed to only have around 20 names on it.

Plechazunga

Why is that disgraceful? Sounds like a good idea to keep lists of such things.

paddyf091

I presume you mean the 16 year old who got 16 years? Not a chance in hell of him serving a full 16. He'll be on the streets a lot sooner than that.

Team Brian GB

I mean that out of 80,000 incarcerated people in England and Wales, only 20 will never be allowed out.

That these lot committed murder but have gotten away lightly, the point I'm making is what do you have to do to get imprisoned for life?

Plechazunga

20-odd years isn't getting away lightly. Think about the last twenty years of your life, and how long that is. I mean FFS, the Scousers were still winning the league...

topper

treason as far as the authorities are concerned is worse than murder

Plechazunga

That's defensible, treason can put the entire country in jeopardy.

Team Brian GB

Oh certainly I understand that but why do very, very, very few convicted murderers get a full life sentence? More and more I am coming to like American mandatory minimums.

Alex

Nothing wrong with that, treason leads to the deaths of many; I have no problem with traitors being executed

Pablo76

Without googling it i would guess that the death sentence was abolished in the late 50s and the last person sentenced to death for treason was probably in the 40s ?

Not going to happen is it.

Pablo76

ok so i intrigued myself , i am amazed to find out that the death sentence was still mandatory for treason up until 1998 !!

the last person executed in uk was in 1965.

I'm all for bringing it back , The USA has it right from what i can see. We are definately too soft on the more hardcore offenders.

paddyf091

I think Alex lives in America so he is right for where he is.

topper

then its a short step to executing terrorists

topper

If a judge sentences some Bastard to life - then it should be life but not when life where it can = 7/10 years ffs

The sentence given should be the sentence served with say 10% discount for good behaviour for all but murderers who serve out their sentences in clink

kuanteen

Its a "life sentence" that allows them to be released a long time before they die.

Cases like these make me wish the death penalty was still here even though I know its only a violent reaction, but either that or they lock them up without any chance of seeing the light of day, although it seems unfair that they will be fed and housed for committing a crime. Whatever happened to hard labor? Not supporting cruelty here, but prisoners should be put to do some work to help pay for accommodation and food (and perhaps serve as occupational training). How about a gay sex-phone call-center in prison?

kuanteen

I agree. But we shouldn't do it only as a reaction to violent crimes and unrepentant criminals.

Instead, the death penalty should be used only for violent re-offenders, in my opinion. It reduces the chances of mistrials and gives the criminal a chance to rehabilitate into society as well as being a good deterrent.

If its to be re-introduced, as I think it should, there must be very, very stringent criteria for who gets executed.

kuanteen

Problem is, treason can and has often been misused. If you disagree with your government, is that treason? In fact, its almost like national security. Is national security the security of someone in power?

Marching

Delima was told he will serve a minimum of 20 years, Elliott at least 23 years and Cusden at least 16 years.

Hopefully they continue to behave like the twats they are once they are inside and that minimum gets extended to what it should have been....life.

Chris H

What a tragedy that would be.

Chris H

I am often shocked at how short the sentences are for murderers in the UK. Throughout much of Europe, actually.

But other than putting away the very worst for longer periods of time, I wouldn't recommend that anyone imitate our criminal justice system. At its worst, it's pathetic, and it's far too often at its worst. And the death penalty in particular does not act as a deterrent to violent crime here.