Man jailed over kick death in drugs row

Marcus White
BBC News
Reporting fromSouthampton Crown Court
Hampshire and Isle of Wight Constabulary In a custody photo, Ashley Lear has one eye closed and is pursing his lips. He has messy, dark hair and a slight moustache and wears a light grey top with white stripes.Hampshire and Isle of Wight Constabulary
Ashley Lear had a "poor record of offending", the judge said

A man has been jailed for three years and one month after causing another man's death with a single kick in an argument over drugs.

Fuzel Miah, 44, died in hospital from a burst aneurysm four days after the attack in Kent Street, Southampton, in May 2024.

Ashley Lear, 36, was due to face a retrial for manslaughter after a jury failed to reach a verdict in March, but he subsequently admitted the charge at Southampton Crown Court.

The judge, Mr Justice Linden, said he accepted that Lear had not meant to cause serious harm.

Mr Miah followed and scuffled with Lear who was walking home to Kent House at about 19:45 BST on 14 May, the court heard.

Google Kent House is a five-storey brick block of flats in two sections which are attached by walkways.Google
Fuzel Miah, 44, collapsed outside Kent House and died four days later in hospital

At the doorway to the block of flats, the victim lifted a bicycle to his shoulder.

The defendant, who may have feared an attack, gave a shove-like kick to Mr Miah's torso, causing him to fall backwards, the judge said.

The assault probably raised the victim's blood pressure, causing the brain aneurysm burst, and he died in hospital four days later, Mr Justice Linden added.

Lear then took drugs, changed his clothes and climbed down a drainpipe at the back of the building to avoid being caught by the police, the court was told.

In victim personal statements read by a barrister, Mr Miah's family paid tribute to the "loving" father of two.

His brother Zamil said: "Despite struggles in life, he always showed empathy and kindness to others."

His wife Fatima added: "My boys can't say 'Bubbah' any more without a lump in their throats and tears in their eyes."

Barry McElduff, defending, said Lear, a father of two who grew up in Dorset, had emotional and behavioural difficulties since childhood.

The defendant had 23 convictions for 38 offences, including a suspended sentence for injuring a pedestrian while cycling to escape police, the court heard.

Jailing him for 29 months for manslaughter and activating the eight-month suspended sentence, the judge said he accepted Lear was "genuinely remorseful" over the death.

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