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13:45 GMT, Friday, 18 April 2008 14:45 UK

Three jailed for father's murder

Mark Witherall

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."

Mark Elliott,  Curtis Delima and Gerry Cusden

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.


Michelle Witherall

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."




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Related to this story:
Three guilty of burglary murder (12 Mar 08 |  Kent )
Murder accused, 16, admits attack (14 Feb 08 |  Kent )
Father-of-three 'kicked to death' (17 Jan 08 |  Kent )

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