Man, 52, denies 'punch' at petrol station that caused death two years later
by Joseph Timan · Manchester Evening NewsA 52-year-old man has denied 'punching' another man at a petrol station in 2017, contributing to his death two years later.
Tyren Pollard, of Newbury Avenue, Sale, has 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 Monday (November 4), Mr Pollard admitted there was an altercation at the petrol station, but denied punching Mr Hirsch.
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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'.
Witnesses claimed that both men were shouting and accused Mr Pollard of swinging his crutch at Mr Hirsch and punching him. However, Mr Pollard said that the witnesses had 'got it confused' and 'the wrong way around', denying any punches were thrown.
He told the court that Mr Hirsch swung a crutch at him three times but missed and struck his own vehicle, damaging the wing mirror. Mr Pollard said he made sarcastic comments, including a reference to Mr Hirsch sounding his horn when he pulled up at the forecourt.
When interviewed by police in February 2018, Mr Pollard claimed that he believed Mr Hirsch had previously hit his dog through the window of his Audi A3 when the two vehicles were stopped at traffic lights earlier. He told the jury he now accepts that Mr Hirsch was not involved in this alleged incident near Brooklands tram stop, saying, "I just saw a blue car behind me, I presumed it was him."
However, Michael Brady KC, prosecuting, claims the previous altercation 'never happened'. He said: "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."
Mr Brady told the court that Mr Hirsch had a cut to his lip following the incident. The defendant admitted that he should not have 'invaded' Mr Hirsch's 'personal space', telling the court, 'I could have done things different', but he 'strongly' denied punching him.
Mr Pollard said: "I just thought it was a bit of motorist banter. I didn't know he was going to swing his crutch.
"I never expected to have to defend myself, even though I had invaded his space."
The trial is set to conclude on Tuesday (November 5) when the jury will be sent to consider their verdict following closing statements.