A driver deliberately mowed down and killed a Halesowen man after failing to hit him with his first attempt, a jury has been told.
Nidal Alboraiki, aged 21, ploughed into Benjamin Morse from behind catapulting him into the air and he shattered the windscreen of his Vauxhall Corsa before flying over the roof and hitting the road.
Mr Morse, a 36 year old labourer, sustained serious head injuries and he died in hospital despite a desperate battle to save his life by medics.
"To drive at someone once is bad enough but to do it a second time demonstrates Alboraiki was not just driving dangerously but with murderous intent," alleged Richard Atkins QC prosecuting.
He told Wolverhampton Crown Court that Alboraiki of Foxhunt Road, Halesowen intended to kill Mr Morse or at the very least cause him very serious injury. Mr Atkins said it was the prosecution case that the death of Mr Morse was no accident after "pure chance or fate" put them both in the same place at the same time.
He said Mr Morse had been out enjoying himself drinking with a group of friends while Alboraiki was also with others as he 'drove his Astra around the Halesowen area. Something was said or happened between the two groups and that is not clear, added Mr Atkins, but Alboraiki then turned his car round near Bloomfield Road North.
He then accelerated as he came back and he deliberately drove into Mr Morse having missed him a first time, it was alleged. Alboraiki then fled from the scene with the windscreen of his vehicle "absolutely shattered" and he later abandoned his car.
The following day he arranged to have the vehicle picked up claiming it had been badly damaged when he drove into a tree. But investigating police officers were able to track down Alboraiki who gave his mobile telephone to his brother Ahmed and he "spirited" it away before the police could stop him and it had not been recovered.
The friends who were with Mr Morse said the Vauxhall was driven straight at them and they were able to get out of the way. But Mr Morse was not quick enough and he suffered extremely serious head injuries as he hit the ground.
Nidal Alboraiki who is unemployed has pleaded not guilty to murdering Mr Morse and to a charge of causing death by dangerous driving.
He has further denied perverting the course of justice by seeking to dispose of his Vauxhall after the incident on May 1st this year.
Ahmed Alboraiki 21 of the same address has pleaded not guilty to perverting the course of justice by taking the mobile telephone so it could not be examined by police.
Mr Atkins told the court that Nidal Alboraiki has accepted he was the driver of the vehicle at the time of the collision having initially denied any involvement. He said Mr Morse had been drinking with friends who probably also took cocaine and they had all been out in the Halesowen and Birmingham area.
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