'Trivial dispute' led to man's petrol station forecourt death

A "trivial" early morning dispute on a petrol station forecourt led the death of a father of four, a court heard.

Thomas Mallaby, 40, died in hospital two days after being assaulted at the garage in Annfield Plain, County Durham, on 26 September.

A 16-year-old boy, who was 15 at the time, has gone on trial at Teesside Crown Court accused of murder.

The teenager, who cannot be named because of his age, denies murder but has admitted manslaughter.

The jury heard that Mr Mallaby and the defendant, who were not known to each other, were passengers in separate cars that arrived at the petrol station at about 02:30 BST.

Mr Mallaby, from Stanley, County Durham, had been socialising with his cousin who had driven him there to buy cigarettes.

The teenager had been drinking at a pub and he was being driven to a nightclub in nearby Consett by a friend when they stopped for fuel.

Prosecutor Peter Makepeace QC said that "for reasons that are as yet unclear but appear to be entirely trivial", an argument broke out between Mr Mallaby's cousin and the defendant.

He said: "It appears to have involved shouting between the two men through the windows of their respective vehicles."

The teenager then got out of his friend's car, and "slapped or punched" Mr Mallaby's cousin through his car window.

Mr Mallaby then got out and approached the defendant, who punched him repeatedly, knocking him down.

While he was still on the ground, trying to get up, the teenager kicked him.

Mr Makepeace said: "As soon as he regained his footing [the defendant] struck him again with a further left-right combination punch."

Mr Mallaby fell again and hit his head on the forecourt tarmac, suffering a "substantial brain injury" as a result.

The jury was told that while Mr Mallaby's friends waited at the scene for paramedics, the defendant was driven away "where he resumed his night out".

The trial continues.

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