Durban — The murder trial in the Pinetown Magistrate’s Court against a pensioner alleged to have shot and killed a father of two in a road rage incident is to resume in September.
The elderly man is charged with the murder of Dean Charnley, who was shot and killed last year in a road rage incident on the Everton Road turn-off from the M13 in Kloof.
Anthony Ball’s version that he tendered with his not guilty plea is that he was on the way home, and while on the M13 Charnley tailgated him.
And on Everton Road Charnley stopped his Nissan in front of Ball’s Subaru and got out. Charnley allegedly came towards him shouting, and violently hit the roof of his car with his hand.
A warning shot was fired out of the Subaru’s open window by Ball before Charnley reached him. He alleges that Charnley grabbed him through the window and partially opened the door, grabbing the gun that he held, and the second and fatal shot went off inadvertently during the scuffle.
Previous testimony from a three State witnesses was that there had been no scuffle noted, and that in fact, it had been Ball’s Subaru that blocked Charnley’s Nissan from overtaking more than once on the M13.
On Monday the matter was adjourned to September 7 after the police sergeant who was meant to lead evidence indicated that he could not do so at 2pm.
The court had been busy with another matter before calling Ball’s matter, and by the time the case was called it was almost 1 pm, which is the court’s lunch time.
“The witness indicates that he can not be here after lunchtime as he has to fetch his children from school, and thereafter look after them at home,” said State Prosecutor Rowen Souls.
When the matter resumes cross-examination of another witness is expected to continue, and Sergeant Jethro Nqobile Khoza is to lead evidence on the stand.
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Daily News