Murderer of break-in intervention 'hero' jailed

A "despicable" drug addict who murdered a "hero" who was trying to stop him smashing his way into a woman's flat has been jailed for at least 22 years.

George Ness repeatedly battered John Smyth, 63, with a wooden plank in a backyard in Wallsend, then searched his dying victim's pockets to steal his phone, Newcastle Crown Court heard.

The 41-year-old crack cocaine addict was trying to get to a woman inside over a drugs feud when Mr Smyth confronted him, his trial had heard.

Ness had claimed he acted in self-defence but jurors found him guilty of murder, and he was jailed for life with a minimum term.

Mr Smyth had recently moved to Wallsend from the East Midlands and had spent the night of 21 September at his neighbour Bridi Nye's home on Holly Avenue, the trial had heard.

Shortly before 05:00 GMT on 22 September, Ness went to Ms Nye's home to confront her over a drugs deal, although she denied to jurors she was selling illegal substances.

As Ness smashed a kitchen window and shouted threats, Mr Smyth ran round to the backyard armed with a Stanley knife, the court heard.

Ness, of Avon Avenue in North Shields, repeatedly struck his victim about the head with a wooden plank, then searched his pockets as he lay dying.

Concluding her evidence to jurors, Ms Nye said of Mr Smyth: "That man was a hero."

Prosecutor Peter Glenser KC said Ness' sole purpose was to get crack cocaine without having the means to buy it, having gone out earlier armed with a meat cleaver and broken into cars.

He said the attack on Ms Nye's home was "frightening" and "fuelled by a desire" to get more drugs with a "loss of temper".

Mr Glenser said Mr Smyth had gone out to stop the attack on Ms Nye's home and prevent the violent threats Ness was making towards her.

In statements read to the court, Mr Smyth's children said it was impossible to describe the magnitude of the impact of his death and they could not understand why he had been killed.

His 17-year-old daughter said her dad would now no longer be there to walk her down the aisle or meet his future grandchildren, adding: "I loved him so much and it feels horrible without him here."

Mr Smyth's son said he was haunted by unanswered questions and he was sick to his stomach that his father had died while defending himself from a "brutal attack".

He said his father's death was a "reminder of the fragility of life and the unimaginable cruelty" his dad had been subjected to, adding he felt an "urgent need to seek justice for this senseless violence".

Recorder Paul Sloan said he had no doubt Ness's "utterly amoral behaviour" on 21 and 22 September was driven by his consumption of crack cocaine and drugs.

He said earlier that night, Ness had swapped food taken from a food bank for drugs at Ms Nye's house, then, when his supply ran out, he went out thieving to get more.

The judge said Ms Nye and Mr Smyth "did all they could" to stop Ness getting into the house, hitting him through the smashed window with a hammer, but he "would not leave".

There then followed a three-minute long confrontation in the backyard during which Ness "set about" Mr Smyth with a heavy piece of wood, the judge said.

"I have no doubt that in a drug and drink-fuelled rage, incensed by the refusal to supply you with more crack cocaine, it was you who attacked [Mr Smyth], not the other way around," Recorder Sloan said.

The judge said Mr Smyth was acting in defence of Ms Nye and her home while "out of control" and "in temper" Ness launched a "sustained and brutal attack" and "battered" his victim to death.

"I am certain your actions had nothing whatsoever to do with self defence," the judge told Ness, adding Mr Smyth was "completely vulnerable" but the attacker "showed him no mercy".

Ness struck Mr Smyth between five and eight times to the head with "extremely forceful blows" causing multiple skull fractures, the judge said, then "despicably" rifled his dying victim's pockets to see if there was anything worth stealing.

Ness then began telling a "series of lies" to cover up what he had done, the court heard.

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