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Murder victim 'repeatedly punched and stamped upon'

MARK WITHERALL: died after suffering severe brain damage
MARK WITHERALL: died after suffering severe brain damage

A FATHER was severely beaten and left with fatal injuries after he chased burglars from his home at night, a court heard.

As Mark Witherall lay unconscious on the pavement outside, some of the intruders went back into his house and ransacked it.

The 47-year-old was taken to hospital with severe brain damage and despite operations died about six weeks later.

Mark Elliott, 21, his girlfriend Carley Firminger, 20, Curtis Delima, 19, and a 16-year-old boy, who cannot be identified for legal reasons, deny murdering Mr Witherall.

Delima and the youngest boy admit conspiracy to burgle the victim's home in King Edward Street, Whitstable. Elliott denies the charge.

Maidstone Crown Court heard that Elliott, Firminger, both of Sandpiper Road, Whitstable, Delima, of Regent Street, Whitstable, and the 16-year-old, also from the town, all knew Mr Witherall.

The father-of-three's girlfriend Sally George went to a party at the home of Kelly Scammell in Reservoir Road on January 27 last year. The four accused were also there.

Camden Pratt, QC, prosecuting, said that during the evening Miss George, also 47, became drunk and while she was asleep a boy, aged 13, took her house keys from her handbag.

Elliott, Firminger, Delima and the other youth, then aged 15, decided to go and burgle the home Miss George shared with Mr Witherall.

When they arrived they looked through the bay window and saw that Mr Witherall, who was drunk, was asleep in the front room.

They went down an alley past the front door and entered by the back door. But Mr Witherall woke up and chased them out.

"Once outside, he was knocked to the ground by a builder's spirit level," said the prosecutor.

"He was hit on the head. Having been knocked to the ground, his face, head and body were repeatedly kicked and punched and he was stamped upon in what the Crown say was a joint attack by these defendants.

"Having been knocked unconscious, they stole his wallet, which has never been recovered."

Then, as he lay on the ground, Delima, the 15-year-old and "probably" Elliott went back into the house and stole property including a DVD player, music centre, Play Station, mobile phone and a grooming case.

After the attackers fled, two men came along and found the victim. They called 999 and he was taken to hospital shortly after 11.30pm. He died on March 7.

The trial continues.

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