‘Instinctive’ Self-Defence: Driver Found Not Guilty of Murder in Fatal Road Rage Trial

A driver was today acquitted of both murder and the lesser charge of manslaughter in the Brisbane Supreme Court, after successfully arguing that he struck and killed a man in a split-second act of “instinctive” self-defence.

Al Enizi blinked back tears as the jury, following a four-day trial before Acting Justice Peter Applegarth, returned the not guilty verdicts. Members of the victim’s family, Vandenberg’s family, were visibly distressed and wept as they quickly left the court.

The court heard that the two men, who were strangers, became embroiled in an escalating traffic dispute on September 17, 2021, that lasted approximately 30 minutes.

The initial confrontation, outside the Princess Alexandra Hospital, saw Vandenberg get out of his car while in his underwear, hitting Al Enizi’s vehicle and accusing him of cutting him off.

The fatal escalation occurred in Vandenberg’s suburb of Browns Plains. Dashcam footage showed Vandenberg pulling over outside his home, retrieving a hammer from his vehicle, and then leaping into the road to hurl the hammer at Al Enizi’s oncoming car. Al Enizi swerved, striking Vandenberg with deadly force.

Defence barrister Saul Holt argued the response was purely defensive.

“The response was instinctive, it was reflexive and ultimately it was defensive. It certainly wasn’t murder or manslaughter,” Holt told the jury.

Crown prosecutor Samantha O’Rourke had maintained that Al Enizi deliberately struck Vandenberg, intending to cause at least grievous bodily harm, an argument the jury ultimately rejected.