Norfolk murder accused insists he did not intend to cause any harm

Martin Montgomery, 31, confronted Nigel Mazs and some friends as they were taking drugs in the stairwell of Malakoff Close, Great Yarmouth, where he lived at the time.

Norwich Crown Court has heard that Mr Mazs suffered a catastrophic brain injury when his head struck the floor after being kicked by Montgomery.

Norwich Crown Court (Image: Peter Walsh, Newsquest) He died in hospital on January 4 this year, almost two weeks after he was found by police in Regent Road following the earlier incident involving Montgomery just after 11am on December 22, 2023.

Police in Regent Road, Yarmouth (Image: Newsquest) Montgomery, of Russell Road, Yarmouth, has gone on trial having denied murder although he has admitted a lesser charge of manslaughter.

Giving evidence in his defence on Tuesday, Montgomery, who is represented by John Morgans, accepted he had kicked Mr Mazs but said he “never intended to cause any harm” to him.

He said he “kicked out” at Mr Mazs as he “just wanted to get him away from me”.

Nigel Mazs (Image: From family of Nigel Mazs) He insisted he wanted to “get him to go”.

He said: “I didn’t know what he was going to do.”

Montgomery told jurors that Mr Mazs he had turned and walked towards him and that he was "worried and scared" by what might happen.

But in cross-examination, Will Carter, prosecuting, said that was not in his defence case statement and put it to  the defendant that it was "nonsense" and "didn't happen".

But Montgomery insisted that "it did happen".

The defendant conceded he had not done anything to help Mr Mazs but said it was because he had been told not to by one of the victim's friends.

Mr Carter said: "You knew from the moment you kicked him it was very bad didn't you?"

Montgomery said: "No."

The prosecutor said: "You knew he was badly hurt didn't you?"

Montgomery replied: "Not straight away, no."

The trial continues.