Pair jailed for life after battering friend to death

Two men have been jailed for life after they savagely beat a victim to death in a brutal murder.

Lithuanian Tomas Gulbinavicius turned on his fellow countryman Aleksejus Zarskus, 42, with his Latvian accomplice Janis Karajevs and punched, kicked and stamped on him after a drunken row.

A judge ordered that Karajevs, 30, who has six previous convictions for assault and been jailed three times, should serve at least 14 years in prison.

Lord Uist also ordered Gulbinavicius, 33, should serve a minimum term of 13 years imprisonment for his role in the murder.

The judge told the pair: "You must not assume you will be released at the end of the punishment part. You will be released only when it is considered no longer necessary for the protection of the public that you continue to be confined in prison."

Gulbinavicius and Karajevs had both denied murdering Mr Zarskus in an attack on him on January 15 this year at flat on King Street, in Aberdeen, but were both found guilty by a jury in the city.

Lord Uist told them at the High Court in Edinburgh: "On January 15 in the course of an argument, when you were all drunk, both of you battered him repeatedly on the head and body by punching, kicking and stamping on him, as a result of which he died in hospital from blunt force head trauma on January 19."

"He suffered widespread bruising over his face from the eyes to the neck as well as extensive fracturing of the facial bones and had a fractured right jaw," he added.

Lord Uist said: "After you had assaulted him you did nothing to seek medical help for him and failed to answer the door to the police who had to force entry to the house."

"A downstairs neighbour who heard the commotion in the flat above described banging which continued for 10 or 20 minutes and which caused her to think someone was getting beaten up and seriously hurt upstairs," he said.

"A visitor to her flat said that it sounded like somebody was coming through the ceiling," said Lord Uist.

The judge said he took into account that no lethal weapon, such as a knife, was used in the attack and that the murder of the victim was not premeditated.

But he added: "Nevertheless, Mr Zarskus lost his life as a result of what was obviously a ferocious attack by both of you."

Lord Uist told Gulbinavicius, who came to this country in 2009, that he would ignore his one minor previous conviction for shoplifting, but added: "You have a history of alcohol abuse. Mr Zarskus was a friend of yours for whom you were providing temporary accommodation at the material time."

The judge pointed out that Karajevs also had a history of alcohol abuse and had committed 16 offences since coming to Scotland in 2008.

Defence solicitor advocate Murray Macara QC, for Gulbinavicius, said that a victim impact statement that had been prepared in the case made "quite distressing reading".

He said Gulbinavicius had expressed "a genuine degree of remorse" over the victim's death. "He was clearly friendly with this individual and gave him accommodation at a time when he was homeless," he added.

He said he had also expressed feelings of guilt for not realising the seriousness of the injuries to the victim, for not opening the door to police and calling for assistance.

Mr Macara said: "No doubt alcohol and excessive consumption of alcohol contributed substantially to everything. Everything points to the fatal assault arising spontaneously out of an argument."

Bill Adam, counsel for Karajevs, said he had moved to North East Scotland following a downturn in the Latvian economy.

He said that he had been disowned by his family, apart from a grandmother, following his conviction.

"He is very disturbed about the very real prospect that he will not see her again," he said. She is too elderly to travel from Latvia to visit him.

Mr Adam said Karajevs now fully realised he has had issues with drink but still maintained his innocence of the crime.