35-year-old describes being 'in fear' during death by dangerous driving trial
A warning that this story contains information which some readers may find distressing.
A Douglas man has described how he ‘panicked’ when an Onchan resident climbed onto the bonnet of his car last year telling a jury he believed he was going to be harmed.
Jackson Joseph Paul is standing trial at Douglas Courthouse this week accused of causing the death of 29-year-old Jordan Thomas by dangerous driving.
Mr Thomas was involved in a collision with the 35-year-old’s BMW near to his home, on Harbour Road, on 25 February 2024.
He suffered ‘significant head trauma’ and was airlifted to Aintree Hospital where he died on 4 March.
“I panicked”
At Douglas Courthouse this afternoon (13 February) Mr Paul took to the stand to give his evidence about what happened on the night in question.
He told jurors he’d been at home, on Palace Road, with his flatmate and friend Niayl Jones watching TV and preparing to go to bed.
However he said Mr Jones had persuaded him to go for a drive, to check the gym he operated, and get a coffee from McDonalds.
Mr Paul said he went out in his dressing gown adding: “I wasn’t thinking about getting out of my vehicle at all.”
Mr Paul told jurors as he turned onto Harbour Road he became aware of a man, Mr Thomas, standing in the carriageway between parked cars.
“I stopped the car and gestured to him (to cross),” he told the jury adding: “He just stood there staring. He was unsteady on his feet.”
As he went to move past, Mr Paul said Mr Thomas ran out and ‘threw himself’ onto his car bonnet and started grabbing at his windscreen wipers before punching the windscreen.
“I was shocked and surprised. I didn’t know what was going on,” he added.
Mr Paul said he began to sound his car horn in response exclaiming: “What the f*** are you doing?”
“I thought he wanted to fight me,” he told the jury. “I didn’t want to get out. He was a big guy. He definitely would have knocked me out.”
Reverse
Mr Paul said he tried to reverse his BMW slowly to ‘get out of the situation’ saying he felt Mr Thomas was getting more ‘aggressive’.
“I was worried. I was in fear. I don’t know who he is. It’s not normal.” – Jackson Paul
Two videos, recorded by Mr Jones, were played to Mr Paul; he said the first – which showed Mr Thomas lying across the bonnet pulling at the wipers – did not show the start of the incident.
In it Mr Jones can be heard laughing.
Mr Paul’s advocate, Steve Wood, asked him: “How did you feel in that situation? Did you think it was a laughing matter?”
“Not at all. Not one bit,” replied Mr Paul; “There was nothing funny about the situation.”
Adding that he felt Mr Thomas could have been ‘drunk’ or ‘high on something’ he added: “I thought he was trying to get me to come out and fight him.
“I panicked. I completely panicked. I thought if he’s going to get in (the car), he’s going to get me.”
Accelerate
Watching the second video, which showed the car accelerating forwards, Mr Paul told the court he’d initially believed the BMW was still in reverse.
“I shot forwards,” he told jurors: “In that panic my foot froze on the accelerator.”
Mr Paul said when he realised what was happening he tried to change gear before he ‘really hit the brake’ and Mr Thomas fell from the bonnet into the road.
“It’s not normal to go out for a drive and end up in a police cell.” – Jackson Paul
“Was it a traumatic experience for you?” Mr Wood asked his client.
“Very much so,” responded Mr Paul. “I think about it all the time now. I should have just got out and let him beat me up.”
‘A mistake’
In cross-examination Prosecutor Roger Kane asked Mr Paul if he thought reversing a vehicle, and then accelerating forwards, with a person on his car bonnet was ‘dangerous’.
“In an ordinary situation, yes,” replied Mr Paul.
Mr Paul also denied the prosecutor’s allegation that he had deliberately accelerated at speed adding: “I panicked.”
Mr Kane asked if out of all the actions he could have taken whether Mr Paul felt he’d taken the right one.
“In the heat of the moment it was the wrong one,” acknowledged Mr Paul. “It was a mistake. It wasn’t planned. It wasn’t intentional.”
Mr Paul also confirmed he was aware that his passenger was a professional Muay Thai ‘fighter’ but said he didn’t believe that would have ‘saved him’ saying he believed he would have run away from the scene.
“I’m stood here today, on the biggest day of my life, and he’s not here,” Mr Paul added.
The Passenger
Jurors were told Mr Jones would not be called as a witness.
Deemster Graeme Cook told them he was not available to give evidence, but they should not speculate as to why, adding: “He simply is not here.”
Instead the statement, which he gave to police on 26 February 2024, was read to the court; the jury was told this was ‘hearsay evidence’ and was not agreed.
Mr Jones told officers Jordan Thomas had come onto the road on the evening in question with his arms and hands raised above his head before ‘flopping’ on to the bonnet and grabbing the wipers.
“It was very surreal. He looked intense and threatening. He looked like he wanted to attack someone,” he added.
“One minute we were driving, the next a man was on Jackson’s car.” – Niayl Jones
He told officers he’d begun recording in case the footage was needed for an insurance claim adding when Mr Paul beeped the horn Mr Thomas’ facial expressions changed.
“I would say he had a look of rage,” he added explaining how he felt Mr Thomas’ behaviour was ‘escalating’ as he then started punching the windscreen.
“He really was a big angry guy," Mr Jones told officers: "The man looked to me like he was on some sort of substance.”
Describing himself as ‘terrified’ he said he’d recorded the second video as the car was moving forwards; in it he can be heard saying ‘Slow, slow, slow’.
Mr Jones said Mr Thomas ‘didn’t seem to have any concern for his own safety’ adding the duration from when they first saw him on Harbour Road to him falling from the car bonnet was around one minute.
When police asked Mr Jones about why he was laughing on the first recording he told them: “This is very much a nervous laugh. It was terrifying.”
Trial continues
Jackson Joseph Paul denies causing death by dangerous driving.
The trial will continue tomorrow (14 February).