Sister stands up for David

Sister stands up for David

12 February 2014

THE sister of David Mills — the former Irish league footballer killed after being punched up to 13 times in Ballynahinch town centre — has spoken of her distress at him being put ‘on trial’.

Elaine Wilkes said she felt her “adored” younger brother had been left without a voice in a court process which saw his killer jailed for just three-and- a-half years.

John Foster (31), of Corrigs Road, Dundrum, was given a seven year sentence last month at Downpatrick Crown Court, half of which is to be spent on licence. Originally charged with murder, his trial was halted in December after an admission of manslaughter was accepted.

CCTV footage of Dromore Street, Ballynahinch, in the early hours of September 30, 2012 showed an altercation between the two men, which culminated with Mr. Mills on the ground being punched repeatedly by Foster.

The pathologist noted 33 separate injuries to Mr. Mills’ head and face, including “multiple fractures” to the centre of the face.

Mrs. Wilkes said she totally refuted the implication from the defence that her brother had a drink problem. “All that knew him knows he did not,” she said. She also rejected the defence case that he had been an aggressor on the night.

“It was stated in court and accepted by Judge Burgess that Foster had acted partly in self-defence,” she said. “How was that allowed to be accepted when CCTV evidence and the pathologist Mr. Bentley proved that David had not thrown a single punch.”

Referring to a point in the CCTV footage in which Mr. Mills can be seen walking towards Foster, and was reported to have said ‘Right, you and me then’, Mrs. Wilkes said: “David did walk across the road after Foster, that was because Foster was going to get his bouncer brother from Cloisters.

“Why was it not said in court that Foster should not have been in Dromore Street as he had previously been barred from Cloisters due to fighting?”

Mrs. Wilkes added that a number of prosecution witnesses were never able to give their version of what happened that night because the admission of manslaughter was accepted mid-trial. She said that Foster should have also have had to take the stand before this decision was made.

“We heard nothing from Foster,” she said. “He did not have to take the witness stand, only sit there.

“It was like nobody was representing David. David was not this aggressive fighter or drunk.”

Mrs. Wilkes added that her family had wanted the murder charge to stand.

“Once David was on the floor unconscious, to me it was murder after that,” she said.

“We got convinced to accept that [the manslaughter charge] and we were also told on accepting that, that whatever he got from it...he must serve the full term. But obviously he is out in three-and-a-half years.

“I feel that he should have got longer.”

During sentencing the judge said he believed Foster’s remorse was “deep and genuine” and added that no sentence could compensate the Mills family for their loss.

Mrs. Wilkes said they had “never heard any remorse or seen any remorse”.

“We have never had an apology, he has never written,” she said.

Mrs. Wilkes went on to say that the “bad blood” referred to between her brother and Foster in court related to a “very serious and hurtful” incident.

“It was not the reason given in court, that it was due to a pool match played between them some time earlier,” she said. “David was a talented sportsman and did not have to hold a grudge over a game of pool.

“We also had to sit and listen to Foster’s health problems such

as him having diabetes, epilepsy and depression. If a person has such dangerous illnesses you cannot drink alcohol, let alone afford it.”

Referring to a series of non-custodial sentences for earlier less serious assault and disorderly offences, Mrs. Wilkes argued that the tragedy may never have occurred if Foster “had been dealt with a long time ago”.

“Nothing will bring David back but I believe that the judge got this totally wrong,” she said of last month’s sentencing. “When you watch your brother die like I did on CCTV the killer should not be allowed to see the light of day again.”

Although advised not to watch the CCTV in question, Mrs. Wilkes said she was determined to know for herself what had happened. She admits, however: “It was more shocking than I imagined.”

Mrs. Wilkes said there had been a ripple effect following the 47 year-old painter and decorator’s death, and that impact fell most heavily on his two children.

“I do think when something like this happens they kind of forget the victim’s family,” she said of the court process.

Recalling on the night he was killed how the Seaforde man was celebrating with members of Drumaness Cricket Club after the club avoided relegation, she said the former Portadown footballer was greatly admired and always the life and soul of any gathering.

“I feel his funeral said it all, the number of people who were there, over 1000, over 500 sympathy cards,” she said. “David was a loveable, likeable lad. He was my baby brother who I absolutely adored.

“If you were out you always wanted to stay in his company, everybody felt that way. We loved him so much.”