Cell attack 'cold and savage'

Written By Unknown on Kamis, 08 November 2012 | 15.02

A FATAL attack on an elderly man in the holding cell of a NSW court was "cold and savage", a court has been told.

Gang Kaewklom, 20, faced a sentencing hearing in the NSW Supreme Court on Thursday for murdering Frank McGregor, 69, in the holding cell of Liverpool Court House in February 2011.

CCTV footage of the incident was played at the hearing, showing Kaewklom grabbing McGregor from behind and repeatedly kicking him.

The final kick was described by the crown as "callous and directed at the head".

McGregor, who was in custody for breaching his bail conditions, died ten days after the attack.

Kaewklom was in custody after handing himself in over allegations he had assaulted a 15-year-old girl, who cannot be identified for legal reasons.

At his trial in September, Kaewklom pleaded not guilty to murder, but guilty to manslaughter on the grounds of substantial impairment.

Two days into his trial, he instead asked to be re-arraigned and pleaded guilty.

In closing submissions, Crown Prosecutor Gina O'Rourke said at the time the offences were committed, there was no evidence Kaewklom was suffering mental health problems.

"There was no action that amounts to provocation on the part of the deceased in any form - he basically stuck to himself," Ms O'Rourke told the court.

"These acts were committed out of anger and frustration.

"He murdered the victim in a cold and savage attack ... there is very little, if any, evidence of remorse."

Defence counsel Janet Manuell SC told the court that Kaewklom was reacting to the behaviour of McGregor and was frustrated with his situation at the time of the incident.

"This was a spontaneous outburst in response to what can be described as annoying behaviour by the victim," Ms Manuell said.

"It is clear that he has anger management problems that need to be addressed."

She said it was significant that her client hadn't been involved in any violent incidents in the nearly two years that he has been in custody.

"The offender is maturing and getting some insight into the need to contain his anger and deal with his frustration."

Justice Peter Johnson will sentence Kaewklom on February 8 next year.


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