A murderer has been jailed for life for a second time for the same murder. He was tried and convicted after concerns were raised about his mental health when he earlier pleaded guilty.
Sergio Lemori, 40, was convicted of the murder of Andrew O’Connell, 54, who was asleep in the doorway of Brighton Museum when the attack took place.
Lemori was 32 when he took a slab of stone and dropped it repeatedly on the head of Mr O’Connell, leaving him with unsurvivable injuries in August 2018.
The killer was arrested in a churchyard less than 24 hours later and, at Lewes Crown Court, he pleaded guilty to murder and, in January 2019, he was jailed for life.
But it emerged that he was mentally ill and, after his adoptive parents intervened, the Court of Appeal quoshed his original conviction and ordered the case to be tried by a jury.
Mark Heywood, defending, told the jury at Hove Crown Court that Lemori was born in Brazil and lived in a favela – or slum – where he suffered childhood neglect and abuse.
He was adopted by a couple from Italy and went on to study at university before going travelling and ending up in Brighton. He had held down a number of jobs, working in shops, but had fallen into drug use.
Lemori, 40, accepted, through his lawyers, that he killed Mr O’Connell, the jury was told. And body-worn video shown to the jury captured his arrest in the grounds of St Nicholas Church, in Brighton, when he also appeared to admit that he was the killer.
After his arrest, he was assessed by a psychiatrist and, it later emerged, gave an entirely false account of his life, Kate Lumsdon, prosecuting, told the court.
But after pleading guilty to murder in court in 2018, he was jailed for life in January 2019, initially serving his sentence at Lewes Prison.
Eighteen months into his sentence, he was treated for mental illness. It was about this time that he started saying that he thought his victim was a crocodile.
And while he was in prison, his adoptive parents, who are Italian and live in Italy, learnt that he was in jail.
As a result of their intervention, the severity of Lemori’s mental illness and his suggestion that he thought he was killing a crocodile, the case was sent to the Court of Appeal.
The doubts about the safety of the verdict led the judges there to order a trial so that Lemori could offer the legal defences of insanity or diminished responsibility.
Last Thursday (6 August), a jury at Hove Crown Court unanimously returned a verdict of guilty to murder and yesterday (Tuesday 11 August) Judge Jeremy Gold said that “remained sceptical” about the crocodile tale.
He quoted Judge Christine Laing, who first sentenced Lemori, saying: “The circumstances of this case are truly shocking.”
Mr O’Connell was, he said, “a much-loved son, father and grandfather”. He was “a bit of a wanderer”.
When attacked, the judge told Lemori: “CCTV shows him fast asleep and, so, completely vulnerable. You approach Mr O’Connell so as not to wake him.
“You removed that large slab of stone from your handbag and then drop it on his head with some force.”
Lemori had checked he was not being watched by anyone, retrieved the slab and did the same thing three more times, with even more force on the fourth and final go.
Judge Gold, quoting Judge Laing, said: “I have no hesitation in concluding that you intended to kill him. This was a brutal, callous and sustained attack on a defenceless and vulnerable man.”
Judge Gold said: “You deliberately took the weapon to the scene and clearly intended to kill … I remain sceptical of your explanation that you thought you were trying to kill a crocodile.”
The judge accepted that Lemori suffered from mental illness – a personality disorder and post-traumatic stress disorder (PTSD) – but these did not explain away the murder.
He imposed a life sentence, with a minimum term of 25 years, although the court was told that Lemori had already served eight years and one day since he was arrested in August 2018.
The judge recognised the devotion of Lemori’s adoptive parents and also offered condolences to the family of Mr O’Connell who were in court every day of the trial.
Mr O’Connell had told police that he was homeless when he was stopped in Brighton on one occasion. In fact, he lived in Chatham, Kent, and was known to sleep out in the open voluntarily at times. He was described as a free spirit, a wanderer and someone who liked to travel.
His family said yesterday: “Today, we remember not the person who caused so much pain but the person whose life mattered beyond measure.
“Although the defendant chose to appeal, the truth remained unchanged. Justice has once again spoken and the guilty verdict stands.
“While no court decision can undo the loss or erase the suffering, it reaffirms what we have always known – that Andy deserved justice, dignity and to have his voice heard.
“We honour a life that was taken far too soon, a life that touched so many people with love, kindness and memories that will never fade.
“His absence is felt every day but so too is his lasting impact on everyone fortunate enough to have known him.
“This journey has been long and painful. We have faced heartache, uncertainty and the emotional weight of reliving unimaginable events.
“Yet through it all, we have remained united in our determination to seek justice and to ensure that the victim is never forgotten.
“Today is not a celebration of a verdict – it is a tribute to a life. The guilty verdict does not bring Andy back but it does affirm that his life mattered, his story mattered and the truth prevailed.
“May Dad/Andy forever rest in peace, be remembered with love, honoured with dignity and never forgotten.”
Lemori killed Mr O’Connell in an unprovoked attack at 11.56pm on Tuesday 7 August 2018.
Staff at Brighton Museum found Mr O’Connell at 7.10am, tried unsuccessfully to rouse him and, on seeing blood, called an ambulance.
He was taken to the Royal Sussex County Hospital, in Brighton, where he died from his injuries two days later on Friday 10 August.
Lemori was arrested shortly before 9pm on Wednesday 8 August. He pleaded guilty to murder in October 2018 and given a life sentence, with a minimum term of 25 years, in January 2019.
Lemori went on trial at Hove Crown Court just over a fortnight ago, on Monday 27 July, with the jury returning a unanimous guilty verdict last Thursday (6 August).
Detective Inspector Debbie Birch, of the Surrey and Sussex Major Crime Team, said: “Firstly, I’d like to commend the incredible strength and courage shown by Andrew’s family, who have had to endure court proceedings for a second time.
“I hope that following the unanimous guilty verdict, they are finally able to find some solace.
“This was a completely unprovoked attack on a vulnerable and defenceless man who was unknown to Lemori and who was simply minding his own business as he slept in Brighton’s Royal Pavilion Gardens that night, having been given prior permission to sleep there.”
