Durban — Police only took the statement of a man who witnessed Dean Charnley get shot and killed in a road rage incident a month after the shooting had happened.
This came out on Thursday in the Pinetown Magistrate’s Court when the State witness was being cross-examined by the defence for the accused.
Pensioner Anthony Ball is on trial charged with Charnley’s murder. He was shot and killed last year in a road rage incident on the Everton Road turn-off from the M13 in Kloof.
On Monday Timm, Wegmann began leading evidence of the moments leading up Charnley’s death and on Thursday he was cross-examined by Ball’s lawyer, advocate Gideon Scheltema SC.
When Ball had tendered his not guilty plea at the beginning of the trial he had told the court that while on the M13 en route home, Charnley tail-gated him with the Nissan he had been driving and on Everton Road Charnley stopped his car in front of his Subaru and got out.
He claims that Charnley came towards him shouting and hit the roof of his Subaru with his hand violently, then before Charnley reached him, Ball opened his window, firing a warning shot.
He alleges that Charnley grabbed him through the window and partially opened the door. He claims that Charnley also grabbed the gun, which he still held onto, and that a second, fatal shot had gone off inadvertently during the scuffle.
A State witness has previously testified that there was no scuffle and that it had been Ball who had blocked Charnley from overtaking him more than once on the M13.
That was also Wegmann’s testimony, as well the account of Charnley’s son, who was with him on the day.
During cross-examination, he said that in the time following the incident he waited for police to contact him regarding making a statement and had not told anyone about what he had witnessed, including Charnley’s wife who arrived at the scene on the day.
“I told my wife when I got home that day, and maybe some of the guys at work but I had spoken to no officer and no member of the deceased’s family. I had left my details with the police on the scene and I waited for the police and when they phoned, I went to Pinetown police station and made a statement,” he said.
Wegmann also said that he had seen a Facebook post seeking the public’s help, asking for anyone who might have witnessed the incident to come forward, but he did not even respond to it.
“I had left my details with the police and was waiting for the police. I didn’t reply to the Facebook post … I have relatives who are police. I know how they work, and I know it takes time to make a statement. If six months had lapsed, I would have gone there myself … I grew up in a family with lots of police, I know how they work,” said Wegmann to Scheltema.
Wegmann’s cross-examination continues on September 7, while the trial continues on Monday.
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