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Benjamin Simons claims 'crowbar attack' in Hamstreet was self defence

A crowbar wielding builder accused of attacking a "tailgating" driver has claimed self defence.

Colleagues Benjamin Simons, 44, and Stephen Luckhurst, 57, stand accused of using the weapons against Kieran McQuillan on the afternoon of March 28 last year.

Simons was driving his black Volvo along the A2070 close to Hamstreet, near Ashford, with Luckhurst as a passenger, when Mr McQuillan allegedly became aggressive.

A2070 and Ashford Road junction - Near where the incident is said to have happened (8139261)
A2070 and Ashford Road junction - Near where the incident is said to have happened (8139261)

Mr McQuillan flashed the lights and beeped the horn of his Fiat 500 close to Simons’ bumper, Canterbury Crown Court heard.

Simons then rounded on Mr McQuillan’s car on the Ashford Road junction and formed a road-block, the court heard.

The father-of-two exited the Volvo, armed himself with a meter long crowbar then approached Mr McQuillan who had also left his vehicle.

The pair began to row when Mr McQuillan struck Simons in the face propelling him backwards, the jury heard.

Simons – who claimed he felt threatened by Mr McQuillan’s larger frame - struck his torso in retaliation.

“I brandished the weapon above my head and said ‘go away’...” - Benjamin Simons

When prosecuting barrister Alex Rooke asked Simons why he armed himself, he replied: “Because I was petrified.”

“I brandished the weapon above my head and said ‘go away’,” he added.

Mr Rooke replied: “Did he go away?”

“No,” Simons said.

The pair began wrestling on the ground where Mr McQuillan gained the advantage, according to Simons.

Eyewitness Robert Williamson told the court he saw another man then leave the Volvo and approach the duo with a metal bar.

He added Mr McQuillan suffered a gash to the back of his head.

Mr Williams said: "I got out of the car to see what was going on - I broke up the fight with another guy.

"I saw a wound on the big guy's head, it was a bump that was getting bigger as you were looking at it. I told him to go to hospital but he didn't.

"The man with the bar and the little guy in the fight got into one car and drove off.”

Simons, of Hanbury Close in Wateringbury near Maidstone, who is represented by John Oliver, denied causing actual bodily harm at a previous hearing.

Luckhurst, of Bryant Close in Nettlestead near Maidstone, who is represented by Eiran Reilly, also denied causing actual bodily harm at a previous hearing.

The trial continues.

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