Murder accused, 16, admits attack

Father-of-three Mark Witherall died after five weeks in hospital

A 16-year-old boy has told a jury how he and three friends attacked a 47-year-old father after he disturbed them as they burgled his house.

Mark Witherall died five weeks after being repeatedly punched and kicked outside his home in Whitstable, Kent.

The boy, who cannot be named, said he kicked Mr Witherall four or five times but did not think he was badly injured.

Curtis Delima, Carley Firminger, Mark Elliott, all of Whitstable, and the boy all deny murdering Mr Witherall.

The father-of-three was on a life-support machine in hospital until his death on 7 March last year.

Spirit level

The boy told a jury at Maidstone Crown Court the four went to the house with the intention of helping themselves to any valuables.

They had the keys, which they took from a handbag belonging to Mr Witherall's partner, Sally George, at a party earlier on the evening of 27 January.

Mr Witherall was asleep but woke up and chased them out of the property before they had taken anything.

The boy said 19-year-old Mr Elliott picked up a spirit level as they ran out of the house and handed it to Mr Delima, also aged 19.

Mr Delima then used the spirit level to hit Mr Witherall in the face, which made him collapse on the pavement.

The 16-year-old then told the court how he, Mr Delima and Mr Elliot kicked Mr Witherall in the ribs.

Ms Firminger, 20, kicked him in the groin, he said.

Stamped on head

He added he had drunk four or five cans of lager during the day and could not remember some aspects of the evening.

The boy denied he had kicked Mr Witherall in the head, or stamped on his head or kicked or stamped on his stomach.

He said he and Mr Delima then went back into the house and left with a PlayStation and stereo.

Mr Witherall was still lying on his back on the pavement.

Asked by Simon Draycott, defending, why he did not call an ambulance, the boy said: "I did not think he was that badly injured."

Mr Delima, 19, of Regent Street, Whitstable, and the 16-year-old boy have pleaded guilty to conspiracy to commit burglary but Mr Elliot, 19, of Sandpiper Road, Whitstable, has denied the charge.

They and Ms Firminger 20, also of Sandpiper Road, Whitstable, all deny murder.

The trial continues.