Jury in murder trial told victim was hit twice by car

MAN DIED IN HOSPITAL FIVE DAYS AFTER ALLEGED ATTACK IN STREET

A YOUNG man died after suffering bronchopneumonia while he was being treated in hospital for a skull fracture after he was allegedly run down by a car and attacked as he lay in the road.

But a consultant pathologist has told a jury at Warwick Crown Court that the lung infection suffered by victim Greg Kelly was ‘not an independent cause of death.’

Robert Keavey, 38, of Princess Road, Atherstone, and Phillip Picken, 56, of Manor Road, Mancetter, have pleaded not guilty to the murder of 26-year-old Mr Kelly in March last year.

With them in the dock is Andrew Gay, 40, of Manor Road, Atherstone, who has denied perverting the course of justice by allegedly helping to dispose of evidence.

The jury has heard that on the night of March 25 last year Mr Kelly turned up at Picken’s home, and after an argument between them, he walked off down the road.

“Near to where he was walking was Mr Keavey sitting in an Audi car, with the engine revving,” said prosecutor Kevin Hegarty QC.

“Mr Keavey then drove from one side of Manor Road to the other side, and ran over Mr Kelly, who was knocked to the ground.”

“When he struck Mr Kelly for the first time he was travelling at very close to 30mph. He had accelerated very hard, and his tyres were heard screeching.

“Mr Kelly got up and stumbled a short distance, whereupon Mr Keavey hit him with the car for a second time, carrying him along on the bonnet for a short distance before he fell off.

“We say to run someone down a second time plainly means Mr Keavey intended really serious harm to Mr Kelly, or intended to kill him.

“In the meantime Mr Picken, together with a man called Neil Barnes, came from number 34, Mr Picken armed with some sort of weapon, described as an axe or a long lump hammer.”

Mr Hegarty said that Picken was seen by the head of the motionless Mr Kelly, and ‘he was not helping Mr Kelly.’ “If you are going to attack someone on the ground who is already disabled after being struck by a car, you can’t, in any shape or form, be said to be acting in self-defence.”

Mr Kelly died in hospital five days later, and consultant pathologist Dr Nicholas Hunt said he had depressed fractures to his skull and a haematoma, as well as other injuries to his body.

In addition to the physical injuries, Dr Hunt told the jury: “Mr Kelly’s lungs were deeply congested, the vessels engorged with blood and an excess of fluid in the lungs. There was inflammation of the lungs.

“There can be a number of explanations for that. That pattern is very common in someone who is severely ill for a variety of reasons, including head injuries. Microscopic examination of his lungs confirmed the development of bronchopneumonia. This is a common terminal event in those with head injuries. It is not an independent cause of death.”

Dr Hunt said the case had been ‘made difficult to interpret’ because there had been ‘extensive medical intervention’ and because Mr Kelly had survived for a period between the incident and his death.

Of the injuries, Dr Hunt commented: “There are two realistic scenarios, either that he was struck with a heavy blunt weapon, or his head impacted on a projecting blunt surface, such as part of a vehicle or a raised bit of paving.”

He explained that ‘absent the car [which had been burned out] and any weapon,’ it was not possible to compare the injuries with them.

Michael Holland QC, for Picken, put to the pathologist that a ‘typical vehicle/ pedestrian impact’ caused three forms of injury.

“The primary impact is where the vehicle strikes the pedestrian, which might cause what are known as bumper injuries.” Dr Hunt agreed, and said those were typically to the lower leg.

Mr Holland suggested the secondary impact was where the pedestrian might fall onto the car, hitting the A-pillar or the bonnet, which potentially causes further injury, to which Dr Hunt responded: “Yes, particularly to the head.”

Mr Holland said the final impact was where the pedestrian was then thrown onto the ground, and Dr Hunt replied: “Yes, when again they may sustain injuries, typically to the head.” The trial continues