Jason Maughan gives evidence in murder trial following death of his four-year-old nephew Peter in Southfleet

The driver on trial for murdering a four-year-old boy in an alleged high-speed hit-and-run warned the youngster’s uncle in a phone call that he was going to “ram them” and did not “give a f***”, jurors have heard.

Owen Maughan, who has admitted the manslaughter of little Peter Maughan but denies he intended to kill or cause really serious harm, is said to have made the threat while chasing Hayley Maughan, her husband Lovell Mahon and their two children along the London-bound A2 between Cobham and Northfleet on Sunday, June 1 last year.

Owen, who was at the wheel of a Ford Ranger Wildtrak, and his father Patrick Maughan, who occupied the front seat, are said by the prosecution to have been “in a fury” when they deliberately rammed the family’s vehicle - also a Wildtrak - at an estimated 60mph in New Barn Road, Southfleet shortly before 9.30pm.

Although 27-year-old Owen was the one driving, Patrick, 54, is also on trial accused of murder as it is alleged he was “actively encouraging” his son at the time.

The impact to the rear caused the pickup truck to spin out of control and roll up to three times before landing upright, on the wrong side of the 40mph single carriageway, facing the hedge.

Peter was thrown from the vehicle and, having suffered what have been described as “severe and devastating” injuries to his head, chest and abdomen, was pronounced dead at nearby Darent Valley Hospital just after 10pm.

While the youngster’s mum and then one-year-old sister Annarica escaped with minor injuries, his dad, then 24, sustained multiple fractures and brain trauma leaving him unlikely to walk ever again.

Jurors were told that during the pursuit along the A2, Hayley’s brother Jason Maughan received unexpected messages displaying thumbs up emojis from Owen Maughan via Facebook messenger at 9.22pm.

He did not have him as a Facebook friend and, in response, he sent back a question mark.

When that went unanswered, Jason Maughan phoned him, jurors were told.

That call, logged on phone records as starting at 9.24pm and lasting one minute and 56 seconds, is estimated to have ended within seven seconds of the fatal collision occurring, say the prosecution, with Jason Maughan hearing a “clunking noise” before the line disconnected.

Giving evidence at Maidstone Crown Court, he said he remembered the incident “like it was yesterday.”

He told the jury he was lying on his bed at his home in Wrotham Heath when he received the emojis from Owen Maughan and sent “PP” in response.

Having explained he used ”P” to mean a question mark, Jason Maughan said: “I called Owen, he answered the phone, he told me that him and his dad had been in Rochester drinking all day.

“He then said he bumped into Hayley and Lovell on the A2 or M2 motorway. He told me they were arguing from the window and Hayley was videoing him out the window with her phone.

“I said to Owen ‘Well, why are you calling me? What’s it got to do with me? He told me he was going to ram the vehicle.”

Giving more detail of their conversation, Jason Maughan continued: “He said to me he was arguing with Hayley and Lovell through the window.

“Misremembered? No. In a state of shock? Possibly. I am sure what I have said were the exact words…”

“I said ‘What’s it got to do with me? If you have a problem with Lovell, sort it out with Lovell’. He then said he was going to ram the truck.”

Asked by prosecutor Richard Jory KC what his best recollection of Owen Maughan’s words were, he replied: “I’m going to ram them.”

“Do you have any doubt about the use of the word ‘ram’?” questioned Mr Jory. “No,” said Jason Maughan.

Mr Jory then asked: “Did he say anything else at about that time?”

Mr Maughan answered: “We don’t give a f***.”

He then told the court: “I heard a clunking noise as the phone went down. I tried to call Owen’s number back in which it rang twice and I am sure he pushed the red button.”

The jury was told when the initial call disconnected at 9.26pm, Jason Maughan had phoned Owen Maughan eight seconds later.

Unaware of events or how serious they were , Jason Maughan sent his mum, Erica Maughan, a voice note saying he was not “getting involved” and wanted “out of the situation.”

However, he then spoke to his brother, Sonny, who had become aware of the collision.

“I didn’t really take much notice of the clunking at the end of the call [with Owen] until I spoke to Sonny and I could hear him saying ‘They’re dead’.

“I got dressed as fast as I could, got in my car and made my way to the scene as fast as I could.

“When I got there the road was blocked - ambulance, police. My car was quite far back. I had to leave it and run down.

“There was a lot of people there I didn’t know - ambulance, police - and I saw Lovell lying between the hedge and the road.

“I couldn’t approach him because the ambulance drivers wouldn’t let me but he looked quite critical.”

Mr Maughan said, having learnt that Hayley and the children had gone to Darent Valley Hospital, he went back to his car and drove to join them.

“It was very obvious to me he was in a very critical state…”

Asked whether he spoke to his sister about what had happened or had any interaction with her, he told the jury: “Not at all. Just going into the room to see my nephew.

“I was just in a state of shock and put my hands on my head.”

In cross-examination by Tyrone Smith KC, defending Owen Maughan, Jason Maughan revealed there had been an incident a few weeks earlier whereby Hayley Maughan had had a disagreement with Owen’s sister, Nicole.

The court heard although it is not disputed that Owen Maughan said he would ram the other Ford Ranger, Jason Maughan agreed he did not think he would do so.

“I wouldn’t believe anyone if they said that to me,” he told the jury.

But he disagreed when the defence suggested that Owen Maughan had not remarked “We don’t give a f***.”

Jason Maughan told the court: “He said “We’re going to ram them. We don’t give a f***’ and I said ‘Do whatever the f*** you want. F*** off’.”

He was then asked by Mr Smith why he had never told police of that particular remark until a month after the fatal smash, whether he could have misheard Owen Maughan telling him to ‘F*** off’, and whether he could be sure of what was said in that call.

Mr Maughan replied: ”Misremembered? No. In a state of shock? Possibly. I am sure what I have said were the exact words.”

He then remarked during cross-examination by Charles Langley KC, defending Patrick Maughan: “It wasn’t the nicest phone call I have had in my life and a lot happened in those four weeks.

“We were still living in a lot of trauma.”

The court has heard that the two Ford Rangers came across each other on the A2 that night by chance, having both joined the M2 London-bound at Junction 3 at Blue Bell Hill just five minutes apart.

Hayley and Lovell and their children had that evening been to Pepe’s restaurant in Maidstone High Street while Owen and Patrick had been drinking from about 2.30pm that day in Rochester High Street.

The jury has been told that it may never be clear why the parties ended up in a row that night.

While Owen was the one at the wheel and responsible for the manner of driving, it is the Crown’s case he was being “actively encouraged” by his father.

Witness Tim Lewis was carrying out voluntary work on land at the Pepperhill junction of the A2 when he briefly saw two vehicles side by side at the roundabout at the end of the exit slip road.

He told the jury he heard someone shout “I’m going to sort you out” in a menacing tone and, about 15 seconds after they had driven off, the sound of a collision.

But Mr Lewis added he could not tell from which vehicle the threat had been made.

“Those words were said, that threat was said, and 15 seconds after that, there was a collision and that little boy died,” he said.

Having then heard a woman scream, Mr Lewis went up New Barn Road to assist and alert the emergency services.

Referring to a casualty - Lovell Mahon - at the side of the road, he told the jury: “It was very obvious to me he was in a very critical state.”

Meanwhile Owen and his father had left, driving through Longfield and on to Hextable where they abandoned their Ford Ranger.

En route, they had stopped for Patrick Maughan to get out and remove the front number plate.

When police found their vehicle two days later, a pushchair which had fallen from the back of Lovell Mahon’s truck was still wedged underneath the chassis.

Owen Maughan handed himself into police on June 2 while a heavily intoxicated Patrick Maughan was arrested at an address in Maidenhead, Surrey, on June 3.

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The pair, of Hill Rise, Darenth, each deny murder. Owen has also pleaded not guilty to causing grievous bodily harm (GBH) with intent to Lovell Mahon and two offences of attempting to cause GBH with intent in respect of Annarica Maughan and Hayley Maughan.

Patrick further denies charges of manslaughter, causing Peter’s death by dangerous driving, three offences in respect of Mr Mahon - namely causing GBH with intent, inflicting GBH and causing serious injury by dangerous driving - and two offences of attempting to cause GBH with intent in relation to Annarica and Hayley Maughan.

Jurors have heard that having pleaded guilty to manslaughter, Owen Maughan also admits causing serious injury by dangerous driving and inflicting GBH in respect of Lovell Mahon.

The trial continues.