Man gets life sentence for Gloucester murder

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Friday, November 06, 2009
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This is Gloucestershire

Former soldier Stuart Ballinghall starts a life sentence today after being found guilty of murdering popular Gloucester musician Kim Hibberd.

The 32-year-old's lover, 18-year-old Robyn Jewitt, was cleared of murder, but found guilty of manslaughter.

Ballinghall, of Beacon Road, Matson, sat emotionless but ashen-faced in the dock at Bristol Crown Court when the jury delivered its unanimous verdict yesterday.

His Honour Justice John Royce sentenced Ballinghall to a minimum of 13 years in prison and ordered a pre-sentence report to be prepared on Jewitt, of Lesanne Court, Parliament Street, Gloucester.

The mum-of-one was remanded in custody and will be sentenced during the week commencing December 14.

Judge Royce told Ballinghall: "You carried out a serious attack on a vulnerable, small and older man who was never going to be a match for you.

"Although what happened in the early hours of New Year's Day, only you must know and you have only told the half of it.

"But you must have used considerable violence, kicking him in the head or using some weapon.

"I accept that Mr Hibberd's racist, abusive and offensive language that night amounts to some degree of provocation but nowhere near enough to amount to a defence of provocation in law."

Earlier, Ballinghall's defending barrister John Hardy QC, said: "Plainly my client had no intention to kill Mr Hibberd but, in his words, the red mist descended.

"The dreadful irony in this case is a topic much in the public consciousness.

"Both Ballinghall and Mr Hibberd were ex-servicemen traumatised by their experiences.

"When they left the Army and returned to civvy street there was nowhere for them to go and they both descended into a reliance on alcohol.

"It is a great tragedy that two people who served their country together should meet in such a tragic way."

One of My Hibberd's sisters, mum-of-five Traci Stacey, told The Citizen after the verdict: "I am still shaking – this is such a relief that justice has been done for my brother.

"I should like to thank the police for all their hard work and support.

"I hope we can now draw a line underneath this tragedy and move on."

Mr Hibberd's brother, 59-year-old Gary, added: "This is fantastic news, I am over the moon. I don't pray very often but I had a word 'upstairs' and it has been answered."

Detective Chief Inspector Dave Sellwood said: "I am pleased with these verdicts and would like to thank Mr Hibberd's family and all the witnesses who came forward."

During the two-and-a-half week trial, the court heard how Mr Hibberd had returned home loud and drunk after celebrating New Year's Eve in various Gloucester pubs.

The defendants confronted him about the noise and finally Ballinghall lured Mr Hibberd from his neighbouring flat by removing the fuses from a communal fuse-box, plunging the victim's flat in darkness. Mr Hibberd came out of his flat and was assaulted by the defendants.

In police interview, Jewitt admitted slapping and pushing Mr Hibberd and when Ballinghall took the witness stand he said that he punched Mr Hibberd once in the head.

But the prosecution stressed that Ballinghall had used much more violence – kicking Mr Hibberd to the head and possibly using a weapon.

Mr Hibberd suffered a fractured skull, massive brain injuries and a fractured wrist.

He was taken to Gloucestershire Royal Hospital and transferred to Frenchay where he died on January 3.

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