A man died from brain injuries after he was viciously kicked in the head like “a penalty kick” during a row over his girlfriend's Halloween hat, a murder trial heard.
IT expert Ben Gardner, 30, had been out celebrating his girlfriend Allana Devine's birthday when he was set upon by a group of men in Throwley Way, Sutton, on November 1 last year.
Daniel Ransom, 21, from Blake Close, and Ross Collender, 21, from Wigmore Road, both Carshalton, and Jordan Dixon, 18, also from Carshalton, appeared at the Old Bailey charged with the murder of Ben Gardner.
Brian Altman QC, prosecuting, said the attack was an all too familiar story of “loutish town centre” behaviour but added this particular tale had a “lethal and tragic twist” as it resulted in the confrontation with the group who allegedly killed Mr Gardner.
He said: “Members of that group included the three defendants, senselessly aggressive and were spoiling for a fight. Mr Gardner was viciously hit in the face and hit again as he staggered away.
“As he goes to the ground, Daniel Ransom delivered a final and excruciating blow when he struck a ferocious full-bodied kick to the right of Ben Gardner's head - which witnesses described as like a penalty kick, but there was no football – it was a man's head.
“Within hours he was dead from a catastrophic brain injury from which he was to never recover.”
On the night of Halloween (October 31), Ben Gardner - who had just bought a flat in Sutton - and Allanna Devine, from Morden, were at a nightclub celebrating her birthday.
Miss Devine, who was in fancy dress with a wig and a black pirates hat, left the club with Mr Gardner at 3.15am with their friend Kay Chick and headed to a kebab shop.
Mr Altman said: “The defendants had also spent the evening together in the same area. The stage was set and the evening was to pan out in two phases.”
“Phase one: Miss Devine was waiting on the steps, near the kebab shop, for her boyfriend and friend to emerge when the group approached her.
“Two of the group snatched the hat and wig she was wearing but Miss Devine did not realise because she was on the phone.”
Mr Altman told the jury it was this act that ultimately led to the confrontation between Ben Gardner and the male defendants.
He said: "As Mr Gardner, Miss Devine and Miss Chick reached her address, near where the wig was taken, the trio came across the men again.
"But it seems the group of men had acquired a witches hat in the time since they stole the pirates hat from Mr Gardner’s girlfriend.
"Unsurprisingly Miss Devine asked for her hat back but the response was for her to be verbally abused. Then when she confronted them outside her flat matters escalated dramatically into a brutal attack.
"Miss Devine went to pick up the witches hat but Dixon kicked it away. Ransom then kicked and stamped on it before he spat into it and threw it at her - a provocative and contemptuous act."
Mr Gardner went over to protect his girlfriend when he was attacked from behind by Collender, the court heard, before the other two defendants allegedly joined in the violent attack.
An ambulance was called but Mr Gardner, who worked for UCB in Sutton before joining Legal & General in Tadworth, Surrey last year, died the following night from his injuries.
Ransom was arrested immediately after the attack while Collender was tracked down later that evening. Dixon evaded police for two months but was finally was arrested on January 9.
A fourth defendant, Sarah Davey, 41, of Throwley Way, appeared charged with housing one of the accused while the investigation was ongoing. All four defendants denied the charges.
The trial, which is expected to last three weeks, continues.
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