Ambulance worker died 'after being run over twice by man using van as weapon'
A man used a van as a "weapon" to drive twice over an ambulance worker who died from "catastrophic injuries", a court heard.
Sheldon Flanighan, 55, was allegedly struck deliberately by a blue Ford Transit driven by Toby Kelly after trouble flared at a pub in Cramlington, Northumberland. Kelly is accused of reversing over Mr Flanighan before then driving forwards over him, leading to injuries that jurors were warned would shock and distress them.
Kelly, 38, denies murdering Mr Flanighan in the car park of The Bay Horse pub shortly after 10pm on April 1 this year and also denies attempting to murder his friend, Wayne Common, by running him over and causing serious injuries, at Newcastle Crown Court.
Mourners including North East Ambulance Service and NHS staff gather to pay their respects at the funeral (Craig Connor/ChronicleLive)Christopher Tehrani KC, prosecuting, said Mr Flanighan suffered “catastrophic injuries”, with a severely fractured right leg, nine fractures to ribs on the left side, 22 fractures on the right side and extensive fractures to the base of the skull “to such an extent his skull had dislocated from his upper spinal column” and there was a tear in the brain stem within the skull.
Mr Common also suffered extensive, serious injuries, including injuries to the back of his head and left elbow and a laceration to his spleen. He had fractures to four ribs on the left side, reported ChronicleLive.
Man in 30s dies after being stabbed in park sparking police probe
Mr Tehrani added: “The prosecution submit that once you have heard all the evidence you will be sure that on April 1 this defendant chose of his own free will to use an extremely heavy vehicle that he was driving and chose to use it as a weapon.
“We submit he deliberately and with an intent to kill Sheldon Flanighan knocked him down and drove over him twice and he drove the van straight into Wayne Common with an intent to kill him.”
The court heard the two alleged victims attended the pub, their local, around 5.30pm that Saturday with their friend, Kevin Patterson and were enjoying a pleasant evening. But, Mr Tehrani said: “Some time shortly before 10pm trouble began in the bar area which was captured by the pub CCTV. Toby Kelly, his on-off partner, Shannon Wooden and a male friend, David Fairclough, were in the pub and had been there for some hours before 10pm.
“Toby Kelly deliberately knocked a pile of beer mats off the bar onto the floor behind the bar. The flame that lit the fire that led to the event you are going to hear about appears to be that the defendant, his partner and David Fairclough were informed by the bar staff they would not be served any further alcohol, which appears to have upset or annoyed Shannon Wooden.
“She picked up several beer glasses and tipped their contents onto the floor behind the bar then smashed the glasses on the floor in the area behind the bar. Following that she appears to be restrained by Toby Kelly, the defendant, leading to an altercation between them which resulted in them grappling on the floor for a minute or so.
“During the grappling between the defendant and his partner you will see, in due course, Sheldon Flanighan and Wayne Common walk over in their direction. You may think they went there to stop the disturbance that was taking place.”
The bar manager called 999 to report the disturbance at 9.56pm and he then saw Wooden being dragged out of the bar by her legs. Prosecutors say it was Kelly dragging her out.
Mr Tehrani said one of one witness, Max Gilmore, was at the pub to pick up his girlfriend, who worked there. He said: “He witnessed Mr Flanighan and Mr Common approach this defendant and his partner and David Fairclough, who informed the two men they should not hit a woman.”
Kelly, Wooden and Fairclough went outside into the car park and Mr Flanighan and Mr Common also went out. Mr Tehrani said: “It may be the case Mr Common and Mr Flanighan went outside to protest or prevent Toby Kelly from driving any vehicle away because of the amount of alcohol he had consumed. Or, alternatively, you may think Mr Flanighan and Mr Common went outside into the car park because they were concerned for Shannon Wooden’s safety.”
Kelly, Wooden and Fairclough got into a 2008 blue Ford Transit van, with Kelly driving. A witness said he was “revving its engine, driving at speed and suddenly braking”.
Russian model killed after calling Putin a 'psychopath' was strangled by her ex
Kyle Lonsdale, the bar manager, allegedly said the van was “driving all over the car park and was trying to strike down Mr Common and Mr Flanighan,” and that both men were “trying to jump out of the way of it”. Mr Lonsdale was “so alarmed at how the van was being driven” he made a second 999 call shortly after 10pm and said the van driver was "trying to run people over”.
During the incident in the car park, one witness heard something being shouted from the van about the alleged victims “never seeing your family again”. Mr Tehrani said: “That is, the prosecution say, a clear indication of the intention of Toby Kelly that night as he drove the van around in a dangerous manner.
“He was using the van as a weapon. By saying words to the effect people would never see their family again he was telegraphing what he was about to do, namely run people down.”
The court heard John Watson, a chef at the pub, said he heard Kelly tell Mr Flanighan “I will f****** kill you”. Mr Tehrani said that while witnesses give different accounts: “A common theme emerges. That this defendant was driving his van dangerously and erratically towards Sheldon Flanighan and Wayne Common within the confines of the pub car park.”
He added: “Mr Patterson (Mr Flanighan and Mr Common’s friend) was also in the pub car park. He could see and hear the van revving continuously but not moving and Wayne Common was stood in front of it with his arms crossed and Mr Flanighan was stood at the rear of the van.
“He looked away for a short period and when he looked back all he saw was Wayne Common directly under the driver’s door of the van with the front wheels appearing to have driven over him.
“Mr Patterson also saw Mr Flanighan lying on the floor between the disabled parking space and the normal parking space. He believed he was dead.”
Paramedics arrived but Mr Flanighan was pronounced dead at the scene. One paramedic recognised him as a fellow employee of the ambulance service.
A post mortem found the cause of death was blunt force head injury causing extensive fracturing to the base of the skull. He would have been unconscious instantaneously and death would have followed shortly afterwards.
The court hears the post mortem also showed the wheels had changed direction as they went over him. Mr Tehrani said: “In other words the vehicle went over his body twice.” Mr Tehrani showed the jury graphical representations of the injuries and tells them: “What you are going to see will upset you and cause distress. Take a deep breath please.”
Police who were heading to the pub as a result of the 999 call saw the blue van heading away from it and pursued it until it eventually came to a standstill in a cul-de-sac in Blyth. By that point David Fairclough had taken over driving it but by the time officers approached the van he had gone.
When interviewed by the police, Kelly said he had consumed five pints that night. He claimed one of the men had tried to grab him so he ran and got into the van. Mr Tehrani said: “He said two people opened the van door and were swinging punches towards him.
“He said he was panicking and trying to put the van into gear when David Fairclough got in. He said the males had stepped back behind the van. He said he didn’t know he had hit anyone with the van and didn’t feel it in the van. He said it was his intention to leave safely.”
The prosecutor said an experienced police accident investigator who conducted tests using a van and a sand bag concluded “it would have been obvious” he ran over the men. He also found Kelly had accelerated and braked harshly, resulting in tyre scuff marks in various directions, “in other words skid marks”.
The court hears the officer also concluded Kelly had the opportunity to safely exit the car park but chose to remain, driving forwards and backwards in various directions for a further two minutes and ten seconds than required.
The accident investigator concluded Mr Flanighan had been run over on at least two occasions and Mr Common on at least one occasion. Mr Tehrani highlights some possible issues in the case.
He said it may be that Kelly will say he did not intend to kill or cause serious harm or he may say he was acting in reasonable self-defence to try to get away or he may say he was not aware of hitting anyone and that it was just a “terrible accident” or he may advance all three of those defences or something else. Kelly denies murder and attempted murder and the trial continues.
Read more similar news:
Comments:
comments powered by Disqus
