Luke Mitchell’s killers sentenced to 24 years in prison

TWO men who stabbed to death good Samaritan Luke Mitchell in 2009 have been sentenced to 24 years in prison.

10/06/2006 NEWS: Copy picture of Luke Mitchell who was attacked after intervening in a violent attack outside Spot nightclub in Sydney Rd, Brunswick. He stabbed and kicked and died hours later in hospital.

TWO men who stabbed to death good Samaritan Luke Mitchell in 2009 have been sentenced to 24 years in prison.

Sarud Seehaverachart, 33, and Thatiya Terdputham, 40, must spend at least 18 years in jail before being eligible for release.

Mr Mitchell 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.

The jury heard 29-year-old Mr Mitchell 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 Mr Mitchell, who was savagely assaulted.

Crown Prosecutor Andrew Tinney, SC said Mr Mitchell "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 Mr Mitchell just down the road at a 7-Eleven where Mrs Mitchell was buying cigarettes.

The court heard the three men chased and cornered Mr Mitchell outside where they repeatedly stabbed him.

Mr Mitchell 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 Mr Mitchell, 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.

All three of the men fled Australia just hours after Mr Mitchell was stabbed to death in front of shocked onlookers.

The court heard an Australian criminal who was locked up in Thailand with Terdputham told him he and Tepsut had murdered Mr Mitchell.

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 Mr Mitchell 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 Mr Mitchell.

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 Mr Mitchell’s parents, the killer denied any involvement in the stabbing.

The court heard while Seehaverachart admitted to fighting with Mr Mitchell, he did not plan to kill him.

In the letter of apology, Seehaverachart stated he hoped Mr Mitchell 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.”

The killers will return to court for a plea hearing before being sentenced.

Originally published as Luke Mitchell’s killers sentenced to 24 years in prison