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Two men on trial charged with murder of Noel Smith

Polish duo "relentlessly kicked in the head" 49-year-old man

A man was "relentlessly kicked in the head" in the centre of Bedford by two drunk Polish men, a court has heard.

Noel Smith, 49, of Beauchamp Court, Bedford, never regained consciousness after the attack on January 31, and died on February 2, when his life support machine was turned off.

Piotr Pustelnik, 28, and Adrian Cybula, 23, are on trial at Luton Crown Court this week charged with murdering Mr Smith in Rutland Road, Bedford.

Prosecutor Beverley Cripps said: "They (the dedendents) were in a group of Polish people.

"They were drunk and arguing in the street and they turned their attention on him and without any cause or reason chased him in order to attack him," she alleged.

"When he went to the ground they continued a frenzied attack on him, kicking his head and one of them jumping on his head, all this while he was helpless to defend himself."

Miss Cripps said the incident was witnessed by a number of residents and visitors in Rutland Road, including a church secretary.

She added: "It was a fast moving event, which would no doubt have been very shocking to them. It was unexpected, and different people will have seen different things, so there is unlikely to be a uniform account."

The jury were later taken to visit the scene.

Cybula, of Old Ford End Road, Bedford, was arrested at the scene. Mr Smith's blood was later found on his trainers.

At first he claimed he had come across the victim on the ground and tried to gently rouse him.

He later said he had followed him, claiming Mr Smith insulted him, but said he only hit him twice in the face with an open hand.

Pustelnik, of Queensbury Close, Bedford, fled to a Polish friend's flat in the road, put his clothes in the washing machine and pretended to be asleep.

He made no comment during police interviews.

Both men's blood tested positive for alcohol and Pustelnik also tested positive for amphetamine.

They face a charge of murder and an alternative charge of manslaughter.

They plead not guilty.

Miss Cripps said: "The Crown say that the brutality with which they dealt with their victim makes this a case of murder and they acted together.

"The issue is not one of self defence but of what their intention was when they did what they did."

The case continues.


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Sunday 05 February 2012

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