TWO thugs have been jailed by a judge at Maidstone Crown Court for killing a man in an unprovoked attack in the street.

Robert Baker, of Darnley Road, Strood, was sentenced to six years and David Cheetham of Hazlemere Drive, Gillingham, to four years. Baker received a further four years for a string of other offences, including robbery.

Although Cheetham, 44, threw the single punch that led to Martin Swain’s death, he was given the lesser sentence because he pleaded guilty to manslaughter.

Baker, 24, denied the charge, blaming Cheetham, but was convicted after a 10-day trial.

The court heard how the 43-year-old victim was left dying after the blow from Cheetham caused him to crack his head on the ground. Baker then joined in with repeated kicks.

All three had been drinking heavily at a party at a flat in Richmond Road, Gillingham on July 17 last year. The victim had walked up the road towards an off-licence when Cheetham and Baker ran after him. One shouted: “There’s a woman beater. Let’s get him.”

The prosecution said both Cheetham and Baker were out to get Mr Swain. He suffered a fractured skull and brain damage.

As Cheetham, a former soldier, walked away to return to the party, he said: “Hear no evil, see no evil. He fell over.”

Paramedics arrived in the early hours to find him unconscious. In the ambulance his heart stopped and he could not be resuscitated at Medway hospital.

Baker at first maintained that he had not been involved at all. He claimed in evidence that he had been trying to stop Cheetham attacking Mr Swain.

Baker admitted two charges of robbery, two of obtaining property by deception, two of theft and two of forgery. He asked for a robbery and two handling charges to be considered.

Alan Kent, prosecuting, said in April 2001 Baker stole a cheque from Mary Lipscombe, 79, and used it to pay £2,000 into his account. When confronted about it by the victim’s carer, he said: “I would not do such a thing. I swear on my brother’s life, on my mother’s life.”

But the carer also discovered that in October that year Baker had used another cheque to pay £3,000 into his account.

Mr Kent said Baker moved into David Gutteridge’s home as a guest and in February last year used his bank card to steal £3,000 from him and to buy items at Tesco’s.

The first robbery took place on July 5 last year after Baker propositioned a man at public toilets in Strood. They met later in the castle grounds in Rochester and after having sex Baker became aggressive and took £40 from the man.

A month later Baker robbed Damian Field as he was walking along an alley near Medway Hospital. The victim was pushed to the ground and told by Baker: “Give me what I want and you won’t get hurt.”

Baker stole bank cards and later that day used them to obtain goods valued at more than £230 from two off-licences.

The robbery Baker asked to be taken into consideration involved stealing £500 from a man who had just obtained it from a cashpoint.

Nicholas Valios, QC for Baker, said his client had a low IQ and a personality disorder. “He needs help more than anything else,” he said. “Prison by itself will not assist him. He was a follower, not a leader.”

Wendy Joseph, QC for Cheetham, said the punch that led to Mr Swain’s death was sometimes called an unlucky blow and would not itself have killed.

Cheetham, she said, served in the Royal Engineers for nearly 14 years and completed tours in Northern Ireland and the Falklands, seeing many people killed. He became a junior non-commissioned officer and was highly thought of.

“You cannot strip away what has happened to him,” said Miss Joseph. “He has had great difficulty adjusting to civilian life. He knows he has to address his drink problem. He has brought misery on his elderly parents.”

Judge Andrew Patience, QC, told Baker and Cheetham that in pursuing Mr Swain they interfered in a matter that was none of their business.

“As a result of what you both did a life has been lost and nothing I can say or do now can bring Mr Swain back to life nor can it lessen the anguish, grief and sorrow felt by his friends and family, which will probably last forever,” he said.

“The sentences should not be thought to be some sort of attempt to place a value upon the life of Mr Swain. That is not the purpose of any sentence which a judge has a duty to pass. In any event, the value of a life lost in these circumstances is incalculable.”

The judge said he gave Cheetham considerable credit for his guilty plea and exemplary Army record.

Jailing Baker for 10 years, he told him that the catalogue of offences he committed showed that he was prone to violence when drinking and, therefore, a danger to the public.

The two men were kept wide apart in the dock and Baker at one point appeared to threaten Cheetham and had to be restrained.