Man made 'deliberate decision' to run over delivery driver, jury told

A man accused of murdering a delivery driver by running him over with his own van drove “at him, through him and over him”, a jury has been told.

Mark Lang, 54, died in hospital 18 days after being struck by his vehicle. Christopher El Gifari, 31, has admitted manslaughter and theft but denies murder and robbery. 

In his closing speech, David Elias KC, for the prosecution, said that at the moment of impact, El Gifari had intended “to cause at the very least very serious harm”, and so was guilty of murder.

The jury at Cardiff Crown Court was reminded of the evidence presented in the case over the last seven days.

The court was again shown CCTV of the incident, which took place on Laytonia Avenue in Cardiff.

The footage shows El Gifari entering the van on the driver’s side while Mr Lang is delivering a parcel, before driving off at speed. 

The court heard the van then performed a three-point turn at the top of the road, before driving back down it. 

Mr Lang is seen standing in the middle of the road with his hand raised before being struck by the vehicle. 

Addressing the jury, Mr Elias said: “Think of the view the defendant would have had as he drove at Mr Lang.

“Think of what would have been known to Mr El Gifari as he drove at, through and over Mr Lang. In that moment he intended to cause at least serious injury.”

Mr Elias said it was agreed that the van’s direction did not deviate at the moment of impact. 

The jury was shown a slow-motion replay of the seconds leading up to the collision, in which the vehicle’s brake lights can be seen briefly coming on before going off again.

“There are three frames when the brake lights are on", said Mr Elias, "A fraction of a second.

“There was no braking when the van hit Mr Lang. There was no deviation. The defendant accepts he made a conscious decision to drive at Mr Lang to frighten him. 

“But he touches the brake and then carries on. What does this tell you about his intention? Christopher El Gifari thought ‘what shall I do’?, and then did it.”

The jury heard that El Gifari - who did not give evidence in his defence - told police he was “traumatised” by what had happened.

But Mr Elias said that the defendant had “stayed relaxed” after running from the scene and going to his sister’s house. 

Later, his father picked him up and the pair drove past the scene, but Elgifari made no mention of what had happened.

Commenting on El Gifari’s decision not to give evidence in court, Mr Elias said: “We suggest he didn’t have an account that stood up to scrutiny. This defendant, on the evidence you have seen, formed the intention to cause at least really serious injury and is guilty of murder.”

Defending, Mark Graffius KC said the van’s speed at the moment of impact was “not consistent with an intention to kill or cause serious harm, but to frighten Mr Lang out of the way.”

Mr Graffius told the court that, according to experts, 5% of pedestrians hit by cars at 20 miles per hour suffered fatal injuries, and that the figure was lower at reduced speeds.

“You know that [El Gifari] could have driven at Mr Lang much faster - on the evidence at 24mph”, he said. 

“You know that he drove at Mr Lang at 18mph. By driving at less than 20 mph, does that not show an intention not to kill? Otherwise, what is the point of driving at reduced speed, not driving at the maximum speed?”

The court has previously heard that Mr Lang was trapped under the wheels of the van and dragged for more than 700 metres before the vehicle came to a halt at the junction of North Road and New Zealand Road.

It was while under the van that Mr Lang suffered fatal injuries, including serious head injuries.  

But Mr Graffius told the jury that his client had been “wholly unsure” that Mr Lang had become trapped under the van, instead believing that he had "gone off to the left-hand side of the vehicle” following the impact. 

“The evidence was that it was entirely possible that Mr El Gifari might not have noticed that Mr Lang was under the vehicle”, Mr Graffius told the panel of 8 men and 4 women.

“There is nothing to say that serious injury was caused at the point of impact.”

“We say you cannot be sure that Mr El Gifari intended to kill or cause really serious harm.” 

The court has previously heard how Mark Lang - who’d worked as a delivery driver for 15 years - received emergency medical treatment at the scene, where paramedics restarted his heart. 

He was rushed to the University Hospital of Wales but died of his injuries on 18 April.

Christopher El Gifari was arrested on 29 March and the court heard, initially denied knowledge of the incident.

In a later prepared statement given to police, he said he “didn’t mean to hit” Mr Lang and had tried to drive around him.

In a further statement, he admitted deliberately driving the van at Mr Lang to frighten him out of the road.

Christopher El Gifari has admitted manslaughter and theft but denies murder and robbery. 

After summing up the case,  Judge Mr Justice Griffiths told the jury that, at this time, he. could only accept verdicts on which every one of the jurors agreed. 

Deliberations are continuing today Thursday 23 November at Cardiff Crown Court.