A THUG was convicted today of killing a father in a brutal street attack.

Robert Baker had denied joining in the assault started by his friend David Cheetham but a jury convicted him of manslaughter.

Baker, 24, will be sentenced with 44-year-old Cheetham, who admitted the charge, following the preparation of reports.

Judge Andrew Patience, QC, refused a bail application for Baker and remanded him in custody.

Maidstone Crown Court heard how victim Martin Swain was left dying in the street after Cheetham and Baker accused him of being a woman beater.

Mr Swain, from Gillingham, was walking home from a party when he was pursued by the two drunken men.

Camden Pratt, QC, prosecuting, said former soldier Cheetham punched the 43-year-old victim to the ground and Baker joined in with repeated kicks.

Mr Swain cracked his head on the road after being punched by Cheetham and soon afterwards died from brain damage.

All three had been to the mid-week party at the basement flat in Richmond Road, Gillingham, of Adrian Westcott on July 17 last year.

The chief prosecution witness was another guest, mother-of-two Louise Arthur, who saw part of the incident.

She told how she saw what she believed to be Baker repeatedly kicking Mr Swain as he lay on the ground injured.

The victim had walked up the road towards the off-licence in Richmond Road when Cheetham and Baker ran after him. One shouted: “There’s a woman beater. Let’s get him.”

Miss Arthur told the jury of eight men and four women: “I saw Martin go down. Then I couldn’t see because of cars. I didn’t see what caused him to go down.

“I jumped off the wall. It looked to me like Dave and Rob were kicking. I could see their top halves moving -- back and forth like they were kicking.”

Miss Arthur said she kept shouting at them to leave him alone. “I reached the corner of Milburn Road,” she said. “I could mainly see Rob. I couldn’t see Dave. All I saw was top body movements of Rob.

“He was going back and forth, kicking him. He was swinging from side to side, forward and back. I couldn’t say how many kicks. It seemed to go on for ages. He was just constantly kicking.”

Miss Arthur said Cheetham and Baker eventually walked towards her. Baker told her not to worry, saying: “He’s all right.”

“I could see him lying there,” she said. “I could see blood on his face. I pushed him (Baker) away and got past him. Martin was on his back.

“He didn’t appear to be conscious. Blood was coming from his nose and mouth. There was a lot. I knelt down in front of him. He started making a funny noise.”

She helped to put him in the recovery position but he did not appear to regain consciousness.

Mr Pratt said both Cheetham and Baker were out to get Mr Swain. The victim was bleeding from the head and suffered a fractured skull.

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

A post mortem examination showed that the victim had multiple facial injuries and a fracture to the skull that extended 8in.

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.

Mr Swain’s blood was found on Baker’s right shoe, shirt and jeans. Cheetham also had the victim’s blood on a trainer and his trousers.

A date was not set for Cheetham, of Hazlemere Drive, Gillingham, and Baker, of Darnley Road, Strood, to be sentenced.

Nicholas Valios, QC, defending, said Baker had other matters outstanding, including a robbery charge. He has admitted forgery and using a false instrument.

Judge Patience requested a psychiatric report.