A MAN has gone on trial accused of killing a Coventry-based web designer by punching him outside a bar causing fatal brain injuries when he fell and hit his head.
Vijay Masih accepts landing a punch to Robert Bavington’s jaw in April last year – but claims he had acted in self-defence.
Masih (31) of Brook Road, Willenhall, Wolverhampton, has pleaded not guilty at Warwick Crown Court to the manslaughter of 28-year-old Mr Bavington.
Prosecutor Peter Grieves-Smith told the jury: “On Saturday the 9th of April Robert Bavington was out with friends in Leamington, and so was the defendant.
“They had never met before, but that night their paths were to cross with fatal consequences.”
The trigger appeared to have been an argument between young women in the two groups, which seemed to subside but then led to a further confrontation between Masih and Mr Bavington’s girlfriend Lauren Paul.
Mr Grieves-Smith explained Masih and his group had arrived at the Moo Bar in Russell Street, Leamington, at about 12.20am, with Mr Bavington and friends arriving 15 mintues later.
Mr Bavington, who lived in Rugby – but whose business Fly Full Circle was based in Fargo Village, Coventry – and Miss Paul went outside for a cigarette. Another young woman who was with them fell over, which ‘caused some amusement to two females in the defendant’s group.’
“They reacted with a degree of amusement. When they went to go back inside, they stumbled over the feet of Lauren Paul.
“They believed it was not an accident, and so an argument began between them and Lauren Paul.”
Mr Bavington’s sister Amy tried to stop it, and a doorman and one of Masih’s friends, Devindra Samra, stood between Miss Paul and the other two women.
Masih, who had been inside when the argument began, came out and spoke to Mr Samra and the two women before speaking to a doorman, possibly to try to get back in.
Mr Bavington did go back inside, shaking hands with Mr Samra on his way, which seemed to show things were cooling down.
But he and Miss Paul came back out after a couple of minutes, and a CCTV recording showed Miss Paul and Masih arguing.
“The position of Robert Bavington throughout all of this was that he was trying to make things stay as calm as he could.
“Lauren Paul went towards Vijay Masih. A doorman who was present heard an argument between them that he described as being heated. There was no evidence Robert Bavington was joining in the argument. He was there as a peacemaker.”
Describing what the CCTV footage showed, Mr Grieves-Smith said Mr Bavington then led Miss Paul away towards Warwick Street.
“Vijay Masih was by the door, standing next to the doorman. If only he had stayed there… but he didn’t.
“He walked in the same direction. He followed them and caught up with them, and they stopped on the pavement.
“The defendant punched Robert Bavington. Immediately he fell backwards and hit his head, and suffered fatal injuries.
“One member of the Bavington group saw a blow struck by the defendant which he says was not in self-defence.”
The incident was also seen by other people including two street pastors, who offer care to people in towns at night.
One of them described Masih shouting at Miss Paul, and Mr Bavington standing between them before being pushed by Miss Paul, causing him to stumble.
He then got back in front of her, and it was then the street pastor described Masih punching him.
“Other people who were walking past also describe a punch which was not in self-defence, and heard the rather shocking sound of Mr Bavington’s head hitting the ground, and Mr Masih walking away saying ‘I f***ing told him,’” said Mr Grieves-Smith.
He pointed out that another witness talks of hearing Masih saying: “That’s what happens when you f*** with me.”
And he told the jury: “If you’re sure of those words, you will have to consider how they fit with a claim of self-defence.”
It was obvious to paramedics who were quickly on the scene that Mr Bavington had a very severe head injury, and he was taken to hospital where he was given a CT scan.
Despite efforts to save him, Mr Bavington died at shortly after 6am, having suffered a skull fracture and severe injuries to his brain.
Masih had been arrested within a few minutes, and when he was first interviewed, he made no comment, but in a further interview he asserted he had acted in self-defence.
He said he had followed the couple because he ‘wanted to make everything alright and to make up,’ but that Miss Paul’s response was to become aggressive and to lash out.
Masih said Mr Bavington said ‘f***ing idiot,’ which he thought was directed at him, with his arms ‘slightly rising.’
“I just wanted him to back off. I was worried in case I was going to get hit. I just remember hitting him. I thought they were both going to attack,” Masih added.
And Mr Grieves-Smith told the jury: “It comes down to why the defendant was following them. Was it to have a chat? We say the blow was entirely without justification.”
