Luke Mitchell’s killers sentenced to 24 years in prison
UPDATE: THE family of hero Luke Mitchell, who was stabbed to death after defending a stranger, has expressed disappointment at his killers’ sentence.
Law & Order
Don't miss out on the headlines from Law & Order. Followed categories will be added to My News.
UPDATE: THE family of hero Luke Mitchell, who was stabbed to death in 2009 after defending a stranger, has expressed disappointment at his killers’ sentence.
Sarud Seehaverachart, 33, and Thatiya Terdputham, 40, have been sentenced to 24 years in prison. They must spend at least 18 years in jail before being eligible for release.
Luke was repeatedly stabbed and kicked outside a 7-Eleven on Sydney Rd, Brunswick, minutes after breaking up a fight.
The pair, who pleaded not guilty, will join their former mate Teparat Tepsut behind bars.
Outside the Supreme Court, Luke’s brother, Shane Mitchell, said he was “underwhelmed” by the 24-year sentence.
“But that’s the system and we go with the system,’’ he said.
“It is what it is. We’re glad that they’re inside finally … there was a point there when we thought they might not be and they are so we’re grateful.’’
Shane said the sentence would help bring about closure for his family after more than six years waiting for justice.
The killers fled to Thailand on the same day they murdered Luke.
“It allows us to move on a little bit,’’ Shane said.
“The pain doesn’t change from the first seconds we found out about it but we can handle it better now. Coming up to Christmas it’s always difficult.’’
Luke’s mum, Carol Mitchell, paid tribute to her son.
“That’s why Luke is where he is because of who he was and what he did,’’ she said.
“We’re very, very proud of him.”
The jury heard Luke, 29, was killed after he bravely defended himself against the men during an earlier unprovoked altercation.
The qualified chef had enjoyed an evening out with his sister-in-law Daniella Mitchell and a friend when the group allegedly witnessed the men chasing a man down the street and intervened.
The court heard the men stopped and turned their attention to Luke, who was savagely assaulted.
Crown Prosecutor Andrew Tinney, SC said Luke "gave as good as he got’’ and his aggressors didn’t like it.
Licking their wounds, they returned to a massage parlour owned by Tepsut where they grabbed knives and a meat cleaver, the Supreme Court heard.
They loaded into a car and found Luke just down the road at a 7-Eleven where Daniella was buying cigarettes.
The court heard the three men chased and cornered Luke outside where they repeatedly stabbed him.
Luke clung onto life for another four hours before dying in hospital.
Mr Tinney described the killers as a "frighteningly efficient and effective team’’ who each conspired to murder their innocent victim.
"They were willing to kill an innocent and blameless man for no other reason than they were angry,’’ he said.
The prosecution case was aided by the killers’ former mate Tepsut, who pleaded guilty to the murder a week before the trial began last August and was awarded a hefty discount for his evidence.
Tepsut, who maintained he did not stab Luke, had nine years knocked off his sentence for agreeing to rat on his mates.
He received a 15-year sentence with a non-parole period of 11 years for upholding his end of the deal.
Had he not co-operated, Tepsut would have been sentenced to 24 years in jail with a minimum of 18 years.
The court heard an Australian criminal who was locked up in Thailand with Terdputham told him he and Tepsut had murdered Luke.
Gregory John Dunn, a prisoner who was extradited back to Australia after 45 days in a Thai jail, claimed Terdputham told him Seehaverachart was innocent of murder.
"He said he was extremely sorry for (Seehaverachart) because — and he said words to the effect that (Seehaverachart) had not killed Luke Mitchell and words to the effect that he and (Tepsut) had actually stabbed Luke Mitchell,’’ he said.
Dunn claimed Terdputham told him Seehaverachart had fought with Luke with no premeditated intent of killing him and that he did not kill him.
Several witnesses would later tell the court they saw the distinct long-haired Seehaverachart plunge a knife into Luke.
Seehaverachart was himself injured during the deadly fight, receiving a nasty slash to his arm in the fracas.
Terdputham allegedly told his co-accused that if he ever came back to Australia he would clear him of the murder.
The court heard Terdputham passed on a letter to the Australian Embassy outlining his regret over the fateful attack while awaiting extradition.
Terdputham wrote that while alcohol played a role in his actions, it did not excuse them.
"There has not been a day gone by I have not regretted the terrible events of that night,’’ he wrote.
Terdputham offered his "heartfelt apologies" and said he would live with "heavy guilt" for the rest of his life.
In a letter penned by Seehaverachart to Luke’s parents, the killer denied any involvement in the stabbing.
The court heard while Seehaverachart admitted to fighting with Luke, he did not plan to kill him.
In the letter of apology, Seehaverachart stated he hoped Luke was having a happy life in heaven.
But Mr Tinney said the jury should have no doubt all three of the men had acted as one murderous team.
"The picture is of a shocking crime committed six years ago by a murder team of three, two of whom are sitting in the dock at the back of this court," he said during his closing.
“The picture in the end, members of the jury, is a clear and obvious and unambiguous picture of
their guilt.”