BETRAYED

Darren Gearing's life is in ruins following the sickening assault in Southampton.

The 33-year-old stepfather-of-two cannot work and needs round-the-clock care.

But the case against five of the youths charged with grievous bodily harm has just been dropped because of problems getting key witnesses to give evidence.

One had gone to ground and the other one was said to be too afraid to give evidence in case she was targeted in a revenge attack.

"We've been betrayed by the system," Mr Gearing said.

The district judge, who discontinued the case after advice from the Crown Prosecution Service (CPS), admitted the victim had been let down.

District Judge Barington Brown told the city magistrates' court: "This is an extremely regrettable situation and the victim of this alleged crime must be very distressed.

"They will have little respect left for the criminal justice system."

Feelings have been running so high that the Gearing family had to be moved away to a secret address amid fears of a reprisal attack.

Details of the chain of events that led to the case collapsing have only just emerged. None of the cleared defendants can be named for legal reasons.

Darren Gearing was set upon after coming to the aid of his 20-year-old stepson Terry outside their home in Witts Hill, Midanbury, in March.

Terry had asked a gang of youths to quieten down because the late-night noise was disturbing his adopted grandfather, Ken Hornsby, 73, who was suffering terminal brain cancer.

A gang of boys from Thornhill, aged 15 to 17, attacked Terry and then turned on Mr Gearing with a piece of wood and a metal wrench, fracturing his skull.

Mr Gearing, who is not entitled to any compensation because no one was held responsible, said: "They have ruined our lives."

His wife Denise, 37, said: "We were hoping to get compensation to fund Darren's rehabilitation at a place that specialises in treating head injuries because social services can't fund it.

"He thought I was his sister after the attack and he had no idea who our children were.

"We've sat down with our wedding photos and pictures of the family and things are coming back, but very slowly.

"I've also had to teach Darren how to use a knife and fork again. The youths almost killed my husband and the next person may not be so lucky. They are ruining people's lives and getting away with it."

Mrs Gearing added: "One of the key witnesses rang me up and told me she feared for her life if she gave evidence."

The CPS told the Gearing family by letter that there was no realistic prospect of a successful prosecution because the attendance of two key witnesses could not be secured.

PC Andy Tester, the officer in charge of the case, said the decision not to proceed was "unfortunate", although police and other agencies had tried their best to prosecute.

He added: "It is understandable that they were upset but we could only work with the tools we had. It was a horrific attack and we do sympathise."

The Gearings' neighbour Sharon Johnson, 32, said she and her family had been subjected to a campaign of intimidation and had to be relocated to a secret address.

Mrs Johnson, who had bravely offered to give evidence in court, said: "I have had harassment and abuse, with them calling me a 'grass'.

"My ten-year-old son would not go outside because things had got so bad."