Murder trial hears accused driver was on ‘wrong side of road when he rammed car’ causing death of four-year-old Peter Maughan in Southfleet
The driver accused of murdering four-year-old Peter Maughan in an alleged high-speed hit-and-run was on the wrong side of the road and straddling the central line when he deliberately rammed the youngster's vehicle, jurors have been told. Owen Maughan was driving a Ford Ranger Wildtrak at an estimated 60mph along New Barn Road in Southfleet, with his father Patrick Maughan in the front seat, when the fatal smash occurred shortly before 9.30pm on June 1 last year.
During evidence given at Maidstone Crown Court today (February 9) by a forensic collision investigator, it was said that the front nearside of his 4x4 was at a slight angle when it struck the rear offside of another Ford Ranger being driven by little Peter's dad, Lovell Mahon. Around the time, Mr Mahon was himself travelling along the 40mph stretch of road at just under 58mph with the accelerator effectively fully depressed.
With his son sitting in the rear, his wife Hayley Maughan - Peter's mum - was sat in the front passenger seat, and their then one-year-old daughter, Annarica, in the back alongside her brother. But the court was told there was no evidence to suggest either the front seatbelts were being worn or the rear restraints were being used. Furthermore, there were no ISO-fix mechanisms for the child seats and their attached harnesses were at their minimum setting, designed to fit the smallest occupant, notwithstanding the differing ages of Peter and his sister.
Jurors therefore heard that had appropriate restraint mechanisms been used, and as legally required, it was "highly likely" fatal or serious injuries would not have occurred.
Picture: Family handout
Peter lived with his parents and sister in Brakefield Road, Southfleet, just over a mile from the location of the crash and was said to be a "well-nourished and well-cared for" child.
Following the ramming, his dad's vehicle lost control, began to spin and then rolled up to three times before coming to a halt, upright and at a right angle to the road. Peter, who had been thrown from the truck, suffered severe and devastating injuries to his head, chest and abdomen. These included skull, rib and thigh fractures, as well as a ruptured spleen and, despite resuscitation efforts for approximately 30 minutes, he was pronounced dead at nearby Darent Valley Hospital in Dartford.
Pathologist Dr Victoria Fitzpatrick-Swallow, who carried out a post-mortem examination, also found a vast array of bruises, abrasions and lacerations to much of his body. Those most noticeable to his right thigh, back and head contained a number of repetitive patterns and geometric shapes that "bore characteristics reminiscent of tyre tread marks".
These may have resulted from being run over or from tyre crushing during the rolling over of his dad's vehicle, the court was told. While Hayley Maughan and Annarica escaped with minor injuries, Mr Mahon suffered multiple fractures to his skull, breastbone, ribs and back, as well as brain trauma, and is unlikely to walk again.
He also has no memory of the incident and has therefore neither provided police with a statement nor given evidence at the trial of his wife's cousin, Owen Maughan, and uncle Patrick Maughan.
Owen Maughan, 27, of Hill Rise, Darenth, is accused of four offences - murder of Peter Maughan, causing grievous bodily harm (GBH) with intent to Lovell Mahon and attempting to cause GBH with intent to both Annarica Maughan and Hayley Maughan. Patrick Maughan, 54 and also of Hill Rise, faces eight charges - murder and manslaughter in respect of Peter, causing the youngster's death by dangerous driving, three offences in respect of Mr Mahon, namely causing GBH with intent, inflicting GBH and causing serious injury by dangerous driving, and two of attempting to cause GBH with intent to Annarica and Hayley Maughan. Jurors have heard, however, that Owen has pleaded guilty to manslaughter, as well as causing serious injury by dangerous driving and inflicting GBH in respect of Lovell Mahon.
Truck used 'as a weapon' in crash that killed four-year-old boy[1] Mum feared driver 'wouldn't stop' before hit-and-run that killed son, 4[2] Mum describes panic moments before fatal crash in son's murder trial[3]
'I'm going to ram them': Court hears of phone call seconds before fatal crash[4]
Footage of murder accused removing number plate from car used to kill boy shown in court[5] Gran tells of frantic WhatsApp messages before death crash[6] It is the prosecution's case that father and son were "in a fury" when their paths crossed with their relatives on the A2 Londonbound and, following a chase to the junction with Pepperhill, Owen Maughan then used his truck as a weapon while being "actively encouraged" by his dad.
During the expert evidence today of collision investigator Kirsten Heath, the jury was told there were no road, weather or mechanical defects to either Ford Ranger that contributed to the crash.
On the question of force used, she said, although subjective, it was her opinion based on the many fatal collisions she had investigated and comparing damage caused, it would "probably fall" between minor and moderate on a scale of minor to moderate to severe. Furthermore, Mr Mahon's Ranger's restraint control modules - a computer safety system designed to react in the event of a collision or anticipation of a collision and which can be triggered by a sudden or significant increase or decrease in speed - was activated twice in the space of a few seconds but not as a result of the impact from the defendants' vehicle. Nor did the collision activate the RCM on Owen Maughan's Wildtrak, the jury was told.
But Ms Heath added that factors such as where the vehicle was struck, the angle of collision, its centre of gravity and speed also had to be taken into account when considering the amount of force required.
Data from the victims' vehicle also showed that there was slight steering to the right, possibly in reaction to the natural curvature of the road, the presence of the chasing Ford Ranger or as a consequence of the forces generated by the impact itself.
This was then followed by a "sudden and significant" leftward steer as the Wildtrak, having been deliberately rammed, started to "yaw" in a clockwise direction before ultimately rolling several times. However, it was said that at the moment of impact, Mr Mahon's vehicle was driving on the correct side of the road and within the white markings at the edge of the carriageway and in the centre. Jurors also heard that if Owen Maughan had been trying to overtake him, there would have been sufficient room to pass without coming into contact.
The trial continues.
References
- ^ Truck used 'as a weapon' in crash that killed four-year-old boy (www.kentonline.co.uk)
- ^ Mum feared driver 'wouldn't stop' before hit-and-run that killed son, 4 (www.kentonline.co.uk)
- ^ Mum describes panic moments before fatal crash in son's murder trial (www.kentonline.co.uk)
- ^ 'I'm going to ram them': Court hears of phone call seconds before fatal crash (www.kentonline.co.uk)
- ^ Footage of murder accused removing number plate from car used to kill boy shown in court (www.kentonline.co.uk)
- ^ Gran tells of frantic WhatsApp messages before death crash (www.kentonline.co.uk)