An unemployed construction worker has been cleared of murdering of a man who died 13 years after he attacked him with a baseball bat in “self-defence”.

Neil Sutherland had previously been jailed for four years after he pleaded guilty to assault causing grievous bodily harm against former soldier Paul Mills.

Mr Mills, a father-of-three, suffered brain injuries following the incident in Southwick, Trowbridge, in July 2006.

But Sutherland was charged with murder after Mr Mills died aged 44 at his home in Heytesbury, near Warminster, in March

2017.

Speaking after the case, Sutherland, who was supported by an intermediary during the trial and was described as having a “mild learning disability”, told the Press Association: “I am feeling relieved from all the stress and pressure, from the police putting me as a murderer for years.”

Salisbury Crown Court heard Sutherland pleaded guilty in 2008 to the GBH offence, but denied being responsible for Mr Mills’ subsequent death.

The jury was told how a pathologist has now found he died from epilepsy brought on by the injuries he suffered in the incident.

The 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”.

But Sutherland, of Kyte Way, Trowbridge, denied being responsible for murder or any wrong-doing, and

said he acted in self-defence.

He told the court that after meeting in a lay-by in Southwick, Mr Mills began “hustling” him for money by trying to sell him a baseball bat because he said he wanted to buy some cider.

He described how Mr Mills had been aggressive towards him and “walloped” him by hitting him around the head with his hand.

The pair met again a short time later in the same lay-by, where Sutherland admitted he hit him with the bat following a struggle.

Sutherland said that he did not want to return the bat to Mr Mills because “I was afraid he was going to hit me with it because he had a high temper and wallop me a second time but with the bat this time”.

William Mousley QC, prosecuting, 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.”

James Newton-Price QC, defending, told the court that the link between the incident and Mr Mills’ death was disputed and said his earlier lifestyle of heavy drinking and drug-taking could have contributed to the cause of his death.

He 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.”

Sutherland’s father, James Sutherland was also involved in the attack as he drove his son in his work van to the scene where he got out and launched the attack on Mr Mills.

The father and son both fled at scene and disposed of the bat in bushes on the nearby Blind Lane.

The father was charged with assisting an offender in court in 2008 and was given a 10-month jail term suspended for two years with one year of supervision and 100 hours of community service.

He has since died.

THIS is how the Times reported Sutherland’s case at the time of the first trial.

A YOUNG thug who left a man unconscious after attacking him with a baseball bat has been jailed for four years.

Neil Sutherland, of Horton Street, Frome, smashed the metal weapon into the body and head of Paul Mills following a row over in Southwick.

And the 24-year-old’s dad James Sutherland, 50, Winsome Street, Southwick, who admitted assisting an offender has been told his jail sentence is suspended meaning he does not have to straight inside.

At 5pm on the Friday evening, Stephen Dent, prosecuting, said Mr Mills was with friends on Frome Road when Sutherland and a pal arrived.

He said the men appeared to be having a relatively amicable conversation about Sutherland’s purchase of the bat, which belonged to Mr Mills.

However when the defendant decided he didn’t want it Mr Mills became annoyed and complained it had been damaged by being bounced on the ground and he must buy it.

The victim slapped Sutherland, who went home, and then sent a friend with the bat telling him to give it to the defendant and Mr Mills wanted £5 for it.

Soon after Sutherland’s father’s work van pulled up at the scene and his son got out and launched an attack on Mr Mills. He struck him twice with the bat, once to the body and once to the head, leaving him unconscious on the ground.

During the attack witnesses say Sutherland screamed ‘you’ll have it’.

Mr Dent said the dad then ushered his son back into the van and drove off at speed telling him to dispose of the bat in bushes on nearby Blind Lane.

His dad then changed into his wife’s car and drove his son home to Frome knowing the police would be looking for a white van, he said.

As a result of the attack Mr Mills suffered a depressed fracture of the skull, bruising of the brain and a fractured eye socket.

He suffered epileptic seizures in the ambulance on the way to hospital and again in the emergency room, his airways collapsed and he was in intensive care for several days.

In the following days he also suffered pneumonia and septicaemia and was unable to speak for more than two weeks after the attack.

Almost two years on, the attack had a profound effect on the victim’s life and he still suffered tinnitus.

Paul Grumbar, for Neil, said his client was of low intelligence and had felt humiliated and threatened by what had happened earlier on.

Mr Mills had been a bully, he said, and was trying to get his client to buy the bat so he could get more money to buy drink.

Jailing the son, Judge Charles Wade said “You must have realised the use of that baseball bat was going to cause Mr Mills really serious injuries as it did.

“It is an aggravating feature that a weapon of this kind was used.

“Everybody knows that a baseball bat is something that if swung in the way it was swung by you in this violence is going to cause really serious injury.”

Prosecution says case was highly unusual

THE Crown Prosecution Service has spoken out about the complexity of this unusual case.

In order to take Sutherland back to court so long after the original attack, the approval of the Attorney General was needed.

A Crown Prosecution Service Wessex spokesperson said: “This was an unusual and complex case where the Defendant had previously been prosecuted and imprisoned in 2008 for an offence of causing GBH with intent for the injuries inflicted on Paul Mills.

“Following Paul Mills’ death in 2017 the decision was made to prosecute the defendant for murder.

“When making our decision on whether to prosecute Neil Sutherland careful consideration was given to all of the available evidence provided to us by Wiltshire Police.

“It was decided that there was sufficient evidence for a realistic prospect of conviction and that a prosecution was in the public interest in accordance with the Code for Crown Prosecutors.

“Because of the time lapse between the injury caused to Mr Mills and his subsequent death the case required the consent of the Attorney General to prosecute.

“At the trial the burden was on the crown to prove to the jury that Mr Mills’ death came as a result of the Defendant’s actions in 2006. After hearing all of the evidence in the case from both prosecution and defence, the jury reached a not guilty verdict.

“The crown fully respect this decision. Although an unusual case, the outcome of this case will not influence any future decision in similar cases as each case is considered on its own merits”

Courts deal with mental health cases

MENTAL health charity Rethink Mental Illness has issued information on how defendants with mental disabilities such as Sutherland can work with the courts to get support.

During his trial, Sutherland had support from an intermediary who helped him understand the criminal proceedings process.

A spokesman said: “Going to court can be an anxious time for people with mental health problems, and for those around them.

“They may feel vulnerable in court and may not understand all of the process and language.

“They may feel anxious and scared by the court building and by lots of people.

“You can find Liaison and Diversion services in some police stations and courts.

“They are there to help vulnerable people who are involved in the criminal justice system. You can be vulnerable for reasons like having amental health problem, learning disability, or substance abuse issue.

“L and D services can assess your mental health and give information to the court about your mental health. The team is made up of a psychiatrist, a social worker, and a community psychiatric nurse.

“They can give other kinds of support too. At the moment, the kind of support you can get depends on where you are in the country.

“But the NHS has developed a standard service specification. This means that soon all L and D teams should give the same level of support.

“L&D services may only be at court on certain days. The court can delay the case if they think you should see the team. In some areas you can refer yourself to the L&D service.”

Timeline

July 2006

Paul Mills was left in a coma with serious head injuries after the attack by Neil Sutherland in Southwick.

March 2008

Father and son Neil and James Sutherland appear in court. Neil is jailed for four years for grievous bodily harm with intent and James is given a ten month suspended sentence.

March 2017

Paul Mills is found dead on his home in Heytesbury near Warminster by emergency workers after suffering an epileptic fit.

June 2017

Wiltshire Police launch a murder enquiry and start preparing a case for the Crown Prosecution Service.

2018 James Sutherland, Neil’s father dies from a long term illness whilst the Crown Prosecution Service work with police to gather evidence on the case.

June 2018

Neil Sutherland is charged with murder and brought to Winchester Crown Court.

September 18 2018

Neil Sutherland returns to Winchester Crown Court where he enters a not guilty plea to murder and was released on conditional bail.

April 1 2019

The murder trial begins and the jury hears evidence from Mr Mills’ family, witnesses and medical experts.

April 16 2019 The jury deliver their not guilty verdict and Neil Sutherland is declared an innocent man.