Murder accused Umar Hussein Alkahalifa Al Enizi handed bail over Brisbane road rage death

The final moments of a lengthy road rage incident that spanned Brisbane’s southside and ended with one man dead have been revealed in court.

A man who was charged with murder, after his car allegedly struck a pedestrian, after a lengthy road rage incident, will be released on bail, but virtually under house arrest.

Troy Edward Vandenberg, 25, died after he was allegedly struck by a white Audi, driven by Umar Hussein Alkahalifa Al Enizi, 20, on September 17, last year.

Moments before he was struck, witnesses allegedly saw Mr Vandenberg get out of his Toyota Camry and throw what looked like a hammer or mallet at Al Enizi’s car window.

Witnesses then saw Al Enizi’s Audi mount a footpath and hit Mr Vandenberg, counsel for the Crown, Elise Sargent, told a Supreme Court judge hearing a bail application.

She said the Crown alleged Al Enizi’s Audi deliberately swerved into Mr Vandenberg.

Al Enizi was charged with murder, driving without a licence and failing to remain at the scene of an incident and exhibit proper respect to the deceased.

Defence counsel Alastair McDougall said the case against Al Enizi for murder was not strong and he could argue he acted in self defence.

Troy Vandenberg died after he was struck by a car at Browns Plains. Picture: Facebook

The court heard the incident that ended with Mr Vandenberg’s death lasted half an hour and began near the Princess Alexandra Hospital at Woolloongabba, at 2.20pm.

Ms Sargent said a witness said he heard Mr Vandenberg say to the Audi driver: “You cut me off, you bastard”.

Ms Sargent said the witness said he saw Mr Vandenberg hitting and kicking the Audi and the pair of drivers “shadow boxing”.

Another witness allegedly saw Al Enizi get something from his boot and throw it at the Camry, before that car took off, Ms Sargent said.

The Audi was seen on camera footage following the Camry on the M1, but by the time the cars reached Drewvale, the Camry was behind the Audi.

Dashcam footage from another vehicle, shown in court, at one stage appears to show Mr Vandenberg get out of his car, run to the Audi and kick it.

After viewing the footage, Justice Callaghan said at that point the two cars went separate ways, but Al Enizi turned around and came back, following the Camry.

Justice Callaghan said after the initial altercation, Al Enizi followed the deceased’s vehicle for some distance down the M1.

“Secondly, he did not disengage from interaction with the deceased when the opportunity clearly presented for him to do so,” the judge said.

“Thirdly, he ultimately erupted in a fashion that was at the very least a danger to anyone who was in his vicinity at the time.

“It was more than a danger, it was life threatening to anyone and life ending for one person in particular.”

The drivers of the two cars engaged with each other between Woolloongabba and Browns Plains. Picture: Image/Josh Woning

The judge said Al Enizi had demonstrated a capacity to engage in “sustained, irrational behaviour” and an inability to identify the dangers involved in an escalating confrontation.

However, Justice Callaghan said Al Enizi had been a law-abiding citizen and there was no suggestion he had been out looking for trouble.

The judge said his involvement in the events which led to the death flowed from a confrontation to which another party was, at least, a contributor.

Although he exercised disastrous judgment, Al Enizi was not initially driving in a way that indicated he was a danger to the community.

“The quality of his driving changed and the disastrous conclusion occurred only after he had been pursued by another vehicle,” Justice Callaghan said.

He said there was nothing to suggest Al Enizi would not abide by bail conditions, including a curfew.

“I would be prepared to allow that, if he was prepared to submit to what would effectively be a house arrest, save for the need for him to report daily to police, and that he not be allowed even in the front seat of any car under any circumstances, then he might be granted bail,” Justice Callaghan said.

On Wednesday Al Enizi was granted bail on a surety of $100,000.

The bail conditions included a 24-hour curfew, reporting to police daily, not being in the front seat of a car or driving any vehicle and wearing a tracking device.

He cannot have any contact with witnesses, he cannot have weapons, drugs or alcohol and he must see a GP to enter into a mental health plan.