A construction worker jailed for assaulting a former solider by battering him in the head with a baseball bat has now gone on trial for his murder after his victim died 11 years later.
Neil Sutherland, 35, attacked father-of-three Paul Mills in 2006 in a layby after rowing over the sale of the metal bat.
Mr Mills, 44, suffered catastrophic head injuries including a fractured skull and brain damage, and continued to suffer ‘uncontrollable seizures’ in the years after his death.
His mother Edith Chamberlain told the court he asked whether the seizures would kill him just weeks before he was found dead face down in the bathroom of his home near Warminster, Wiltshire, in 2017.
Ms Chamberlin fought back tears as she revealed her son would get lost when he went outside as his memory was ‘very bad’.
Neil Sutherland, left, 35, is on trial for the murder of Paul Mills, 44, right, after attacking him with a baseball bat in 2006. Sutherland was jailed for GBH at the time but has now been charged with murder after Mr Mills died in 2017 of seizures linked to his injuries
Mrs Chamberlin also said Mr Mills ‘didn’t know who he was or where he was half the time’ and in the lead up to his death the frequency of his seizures increased.
Giving evidence today at Salisbury Crown Court, she said: ‘Unfortunately his seizures were getting more and more often [near his death].
‘I took him to the hospital a couple of weeks before his death and he asked the doctor “Is this going to take my life? Am I just going to die?” but the doctor didn’t know.
‘It was like Paul knew he was getting worse.’
Describing the time she cared for him after he was released from hospital, she said: ‘If he went out of the house he would get lost… his memory was very bad.’
In an interview with Mr Mills filmed in hospital just weeks after the attack in 2006, he told police he has ‘no recollection’ of the incident.
In that interview shown to jurors this afternoon he said: ‘I’ve got no recollection at all, I’ve lost a lot of memory.
‘My most recent memory is about a year ago. I can remember faces and the names of my children.
‘I only have vague memories of someone called Sutherland who is a builder and drives a van.’
Salisbury Crown Court heard the case was ‘very unusual’ because Sutherland was jailed for four years in 2008 after admitting causing grievous bodily harm.
Prosecuting, William Mousley QC told the court Mr Mills’ death was caused by an epileptic fit that was the ‘direct result of the extremely violent attack’.
A pathologist who examined his body added there is an ‘unbroken link between the death and the assault in 2006’.
Mr Mousley told the court that Sutherland, from Trowbridge, Wilts, attacked Mr Mills in Southwick, near Trowbridge, on July 28, 2006.
He said: ‘Mr Mills was unarmed and Sutherland intended to cause him really serious harm and he did so – namely a fractured skull and brain damage.
‘Sutherland was prosecuted and pleaded guilty but Mr Mills developed epilepsy from the injuries.
‘He had his first seizure not long after being taken to hospital and from that day on there were regular seizures for 11 years despite treatment and medication.
‘At the beginning of March in 2017 Mr Mills was found dead at home alone having suffered an epileptic fit.
‘His death was a result of what happened to him in 2006.’
He added: ‘Sutherland admitted his guilt in 2006 but now Mr Mills has died he says he has done nothing wrong.
‘He said he was trying to defend himself and that the fatal injuries were not his fault.
The court heard Sutherland, pictured, and Mr Mills argued over the sale of the bat, leading to the assault for which Sutherland was jailed in 2008
‘He blames his father, who is now deceased and unable to deny it, for making him plead guilty [in 2006].’
Mr Mousley said Sutherland is guilty of murder rather than manslaughter and added: ‘In truth, nearly 13 years on, the effects of that attack have caught up with Sutherland as they did for Mr Mills.’
Describing the attack, Mr Mousley the court two groups of people met in a layby to discuss the sale of Mr Mills’ metal baseball bat to Sutherland.
He said an argument broke out between the pair before Mr Mills slapped him and told him to ‘f*** off’.
Sutherland fled and 10 minutes later returned with his father, James.
Mr Mousley said: ‘Sutherland was holding the bat and he hit Mr Mills hard on the head which caused him to collapse.
‘Further blows were struck and Mr Mills was calling for help.
‘It was only when other came over to help that Sutherland stopped.
‘As Sutherland left he pointed at Mr Mills and shouted aggressively.’
Mr Mills suffered severe head injuries and was comatose while in hospital. He was cared for by his mother for a year after he was released and had to be regularly monitored and attend check-ups.
Mr Mousley said Mr Mills, who had briefly served in the army before being dismissed for joyriding, started getting into ‘trouble’ as he tried to resume a normal life.
The prosecutor said: ‘It would not be unreasonable to say his condition played a part in this.’
Mr Mousley added Mr Mills moved to Heytesbury, near Warminster, in his last years and lived a ‘generally happy life’ away from trouble, having reconciled with family members and become a grandfather.
James Newton-Price QC, defending, said: ‘This is a very unusual case because the original incident now gives rise to a new murder charge though it was 13 years ago and not only that, it was investigated and dealt with at the time.’
He told jurors they may decide Sutherland is guilty of manslaughter due to diminished responsibility and argued Mr Mills had been ‘taunting and bullying’ him.
He added that Sutherland is a ‘man of low intelligence’ and has a ‘mild learning disability’, however this is disputed by the prosecution.
Sutherland is being assisted by an intermediary during the trial due to his ‘limited comprehension and communication skills’ so requires the assistance to explain proceedings.
He was originally jailed for four years on March 14, 2008, at Swindon Crown Court, Wilts, after admitting grievous bodily harm with intent and was released in 2010.
Sutherland, from Trowbridge, Wiltshire, denies murder. The trial, expected to last two weeks, continues.
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