Durban — The trial against a pensioner alleged to have shot and killed a father of two in an apparent road rage incident in Kloof is set to resume in August when the defence will call its third witness.
Anthony Ball is charged with the 2022 murder of Dean Charnley.
On Tuesday, the trial sat in the Pinetown Magistrate’s Court, where the investigating officer Sergeant Siyabonga Rubben Buthelezi testified.
Ball’s evidence of events leading up to the fatal shooting is in contention. Ball had said that while driving up Field’s Hill and on the M13 Charnley was driving extremely close behind his vehicle in the fast lane.
His evidence is that when he got a chance to move over to the left lane, anticipating that Charnley would overtake him, he continued to tailgate him.
The evidence of two State witnesses, including Charnley’s son who was a passenger in the car, was that Ball had blocked Charnley from overtaking several times in the left lane.
At the Everton turn-off, Ball alleges that Charnley came towards his car shouting and swearing. When he reached the pensioner’s car he began attacking it with his hands, and Ball at some point opened his window slightly and fired a warning shot.
The court heard from Ball how Charnley reached in through the window and in the tussle over his firearm, a shot inadvertently went off, killing Charnley.
Ball’s evidence was that Charnley slumped against the door of his car before falling onto the road. The pensioner then went to the Hillcrest SAPS to report a case of intimidation.
When an officer from the scene arrived at the station a charge of murder was opened.
On Tuesday Ball’s counsel, advocate Gideon Scheltema SC, led investigating officer Buthelezi in his testimony around the statement he had taken from State witness Timm Wegmann, who has already testified.
At the time he was cross-examined by Scheltema, Wegmann told the court how he waited for police for a month before his statement was finally taken.
On Tuesday, Buthelezi explained that the reason for this was a delay in locating Wegmann.
“I think it was because of the delay in locating him because the incident happened on a weekend,” said Buthelezi, who explained that he had taken over the case from another officer.
He confirmed that had Wegmann been available or found sooner the other officer would have taken his statement at an earlier stage.
Ball’s defence throughout the trial had argued that a blood sample from Charnley after the incident should have been taken for purposes of the case.
“I can’t remember if I was ever directed by my superiors or the prosecution to take blood samples. I had been allocated this case from someone else,” said Buthelezi.
The trial resumes in August.
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