THE grieving family of a man found battered to death learned yesterday that no one will be put on trial for killing him.

Wayne King, 30, and his brother John, 32, along with David Wright, 31, were originally charged with murdering Stephen Hunter.

But Newcastle Crown Court heard that, despite there being "no doubt" that one or more of the trio killed 33-year-old Mr Hunter, the evidence could not pinpoint who delivered the fatal blow.

Paul Sloan, prosecuting, told the court how Mr Hunter was first assaulted by John King and David Wright when he was kicked so hard in the head that it rocked from side to side.

An ambulance was called but Mr Hunter refused hospital treatment, and he was escorted to his home in Edenhill Road, Peterlee, County Durham, by police in the early hours of June 1 last year.

Several hours later, Wayne King visited and subjected him to another vicious assault. Mr Hunter was found dead by members of his family in the living room the following day.

A post-mortem examination revealed he had suffered massive injuries, including a double fracture to the jaw, a broken nose and severe bruising to most of his body.

He died as a result of a blow to the head which caused bleeding in the brain.

A trial was listed for February this year, but it was adjourned to collect further medical evidence.

But yesterday, Mr Sloan said: "The prosecution is not in a position to invite a jury to try these three defendants for murder as a result of evidence from four different medical experts.

"The end result being there can be no doubt that one or more of these defendants is guilty of unlawful killing if not murder."

Wayne King, of Thirlmere Road, Peterlee, pleaded guilty to causing grievous bodily harm with intent.

His brother John, of Keswick Road, Peterlee, and Wright, also of Thirlmere Road, both admitted assault.

Wayne King was given an automatic life sentence after being convicted of a similar incident in 1994 when he glassed a young woman. But he was told he may be eligible for parole after only 18 months.

John King was sentenced to 15 months, and Wright was jailed for 12 months.

Speaking on behalf of Mr Hunter's family, Detective Superintendent Harry Stephenson, who led the inquiry, said: "This case is unique in that despite the evidence of four experts we were unable to find out which blow was responsible for the death.

"The family of Mr Hunter were expecting a murder trial - but now they have been left in shock at the news none of the defendants will face murder charges.