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A motorist has been cleared of murder charges after a man wielding a hammer and dressed in only his underwear was fatally hit during a road rage incident that escalated into a car chase.
Umar Hussein Alkhalifa Al Enizi, aged 24, faced allegations of intentionally swerving his vehicle to strike Troy Edward Vandenberg after a traffic altercation in Brisbane’s southern suburbs in September 2021.
According to court proceedings, Vandenberg, 25, was poised to throw a hammer at Al Enizi’s car while standing in the middle of a Browns Plains road when he was hit and thrown into the air.
In the Brisbane Supreme Court today, the jury found Al Enizi not guilty of both murder and the alternative charge of manslaughter. The defense successfully argued that his actions were an “instinctive” response to a perceived threat.
Overcome with emotion, Al Enizi blinked back tears as the jury delivered their verdict, concluding their deliberations on Friday after a four-day trial overseen by Acting Justice Peter Applegarth.
Members of Vandenberg’s family wept as the verdicts were read out and quickly left the court.
The two men were strangers who became involved in an ongoing traffic incident starting at about 2.30pm on September 17, 2021, the court heard.
Witnesses described how Vandenberg, wearing only underwear, got out of his car at traffic lights and hit Al Enizi’s vehicle, accusing him of cutting him off.
The pair were also seen throwing punches at each other before driving off to their respective homes.
The incident escalated as the men lived in neighbouring suburbs, with each becoming convinced they were being followed by the other.
When they reached another set of traffic lights at Vandenberg’s suburb of Browns Plains, dashcam footage showed him getting out of his vehicle and kicking Al Enizi’s car.
Vandenberg then pulled over outside his home and retrieved a hammer from his vehicle, the court heard.
As Al Enizi accelerated towards him, Vandenberg leapt out into the road to hurl the hammer at the oncoming vehicle.
Al Enizi then swerved suddenly across two lanes, striking Vandenberg with enough force to hurl him into the air, the court heard.
Vandenberg later died from his injuries.
Defence barrister Saul Holt argued Al Enizi acted in self-defence during the altercation, which began 30 minutes earlier outside the Princess Alexandra Hospital in Brisbane.
Holt told the jury “every time Mr Al Enizi had stopped his car he had been attacked”.
“The response was instinctive, it was reflexive and ultimately it was defensive. It certainly wasn’t murder or manslaughter,” he said.
Crown prosecutor Samantha O’Rourke had argued Al Enizi deliberately struck Vandenberg, intending to do at least grievous bodily harm, and there was no lawful reason for doing so.
Al Enizi left court without speaking to media, as did Vandenberg’s family and supporters.