A MAN has gone on trial charged with murder after a former soldier died from an “epileptic seizure caused by a baseball bat attack almost 11 years earlier”.

Father-of-three Paul Mills suffered brain injuries following the attack in Southwick, Trowbridge in July 2006. He was found dead by paramedics at his home in Heytesbury, near Warminster, in March 2017, aged 44, having suffered an epileptic fit allegedly as a result of his injuries.

Neil Sutherland, of Kyte Way, Trowbridge, who has previously served a four-year prison sentence for grievous bodily harm for the attack against Mr Mills, pleaded not guilty to murder at Salisbury Crown Court.

On Monday, the court heard how Sutherland pleaded guilty in 2008 to the GBH offence, but denies being responsible for Mr Mills’ subsequent death.

William Mousley QC, prosecuting, said that the incident happened after Sutherland, who was 22 at the time, met Mr Mills in a lay-by in Southwick in order to buy the metal baseball bat from him.

A confrontation developed and Mr Mills, then aged 33, had “slapped” the defendant. Sutherland went on to hit the victim over the head with the bat followed by further blows, Mr Mousley said.

He said that Mr Mills suffered a fractured skull and brain damage, and added: “Paul Mills developed epilepsy from the injuries that he suffered. He had his first seizures not long after he had been taken to hospital and from that day on there were regular seizures for nearly 11 years.

“At the beginning of March 2017, he was found dead in his home where he lived alone after having suffered, the prosecution say, an epileptic fit.”

He said that a pathologist concluded that “there was an unbroken link between the death of Mr Mills from sudden unexpected death in epilepsy and the assault in July 2006”.

James Newton-Price QC, defending, said: “This is a very unusual case because the original incident which now gives rise to the charge of murder happened 13 years ago and, not only that, it was investigated and it was dealt with at the time.”

He said his client had not intended to cause really serious harm and had struck out in self-defence because he was scared of the older man who had “taunted, bullied and intimidated” him.

Mr Newton-Price said that Sutherland, who is being assisted by an intermediary in court, “is and was a man of low intelligence” with a “mild learning disability” which “may reduce his level of responsibility”.

He said the jury had to consider whether Sutherland could be found guilty of manslaughter by means of diminished responsibility as an alternative to the murder charge.

Mr Newton-Price added that Mr Mills’ alcohol and drug abuse could have contributed to the cause of his death. The trial continues.