Man denies 'punching' at ASDA petrol station that caused death two years later

Tyren Pollard has pleaded not guilty to unlawfully killing and maliciously wounding Bernard Hirsch at the Asda petrol station on Marsland Road in Sale, Greater Manchester

A 52-year-old man has denied causing the death of another man at a petrol station in 2017, which allegedly contributed to his death two years later.

Tyren Pollard, from Newbury Avenue, Sale, pleaded not guilty to unlawfully killing and maliciously wounding Bernard Hirsch at the Asda petrol station on Marsland Road.

Mr Hirsch, who died aged 43 in March 2020 due to Covid, was admitted to Wythenshawe Hospital days after the incident in December 2017 where scans revealed he had a bleed on the brain that left him 'profoundly' disabled. A postmortem examination concluded that a head injury had also contributed to his death.

Giving evidence at Manchester Crown Court on November 4, Mr Pollard admitted there was an altercation at the petrol station, but denied punching Mr Hirsch. CCTV played to the jury during the trial at Minshull Street showed Mr Pollard walking towards the kiosk before turning back and approaching the assistance pump where Mr Hirsch, who had mobility issues, was filling up his Jaguar.

Mr Pollard, who also has mobility issues and uses a crutch to walk following a road traffic accident in 1997, claims that he heard Mr Hirsch make an 'aggressive' remark. Mr Pollard, who was driving an Audi A3 with his Shih Tzu in the back, said Mr Hirsh sounded his horn for 10 to 15 seconds when the two cars pulled up at the petrol station.

He told the court he proceeded to 'give him the finger', but dismissed this as 'motorist banter', reports the Manchester Evening News.

Witnesses alleged that both men were shouting, with accusations flying that Mr Pollard swung his crutch at Mr Hirsch and punched him. However, Mr Pollard countered in court, claiming the witnesses were 'got it confused' and had it 'the wrong way around', insisting no punches were thrown.

He recounted how Mr Hirsch allegedly swung a crutch at him three times, missing and instead hitting his own vehicle, damaging the wing mirror. Mr Pollard admitted to making sarcastic remarks, including one about Mr Hirsch honking his horn upon arrival at the forecourt.

Back in February 2018, when interviewed by police, Mr Pollard had suggested he thought Mr Hirsch had hit his dog through the window of his Audi A3 at traffic lights on an earlier occasion. He has since retracted this accusation, telling the jury, "I just saw a blue car behind me, I presumed it was him."

Nonetheless, Michael Brady KC, prosecuting, dismissed the prior incident as fiction, asserting, "The reason you told the police about that incident was to paint Mr Hirsch in a bad light. Because you knew, despite what you told this jury, that you attacked him."

Brady highlighted that Mr Hirsch sustained a cut lip from the altercation. While Mr Pollard conceded that invading Mr Hirsch's 'personal space' was wrong and acknowledged, 'I could have done things different', he 'strongly' denied having punched him.

Mr Pollard revealed, "I just thought it was a bit of motorist banter. I didn't know he was going to swing his crutch" He added: "I never expected to have to defend myself, even though I had invaded his space."

The trial anticipates a conclusion on November 5 with the jury set to deliberate and reach a verdict after the final statements.