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Page last updated at 20:00 GMT, Thursday, 12 November 2009

Murder charge man 'kicked victim'

One of two Polish men accused of murdering a man in Bedford has told a jury he kicked the victim's legs "three or four times".

Adrian Cybula, 23, said he was "100% sure" it was only Noel Smith's legs he had kicked and not his head or body.

Mr Smith, 49, from Beauchamp Court, Bedford, was attacked on 31 January in Rutland Road. His life support machine was turned off three days later.

Piotr Pustelnik, 28, and Mr Cybula both deny murder or manslaughter.

The trial at Luton Crown Court was told by prosecutor Beverley Cripps the defendants kicked and jumped on Mr Smith's head in a frenzied attack.

Mr Cybula, of Old Ford End Road, Bedford, told the jury he had been drinking cider at a friend's flat in Rutland Road, Bedford.

'Slapped face'

Through an interpreter he said: "Somebody barged into me. I now know that was Mr. Smith."

Mr Cybula said he heard someone swearing at him and thought it was Mr Smith because he was the only person there.

He continued: "I started running to catch up with him to ask him to explain why he was insulting me. He... started running away.

"But he started tripping and collapsed head first by the back wheel of a (parked) taxi.

"He was trying to stand up. I grabbed hold of him by his clothes and he started wrestling.

"I... slapped him in the face twice because I was angry with him for calling me names."

He then said Mr Pustelnik, of Queensbury Close, Bedford, grabbed Mr Smith to pull him away.

"Then he fell on the ground and I kicked him in the legs three, maybe four times.

"I did not kick him anywhere else. I know it was his legs, I am 100% sure."

He claimed he went back to help him but other people became involved.

Mr Cybula said he lied to police when he was first interviewed because he was "frightened and shocked".

The case continues.



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