Durban — The trial of a pensioner charged with the murder of a father of two, who was shot and killed in a road rage incident in 2022, has been delayed.
Two days had been reserved for the Pinetown Magistrate’s Court to hear evidence from the defence of murder accused Anthony Edward Ball.
However, on Tuesday the matter was rolled over as the State prosecutor was indisposed.
Magistrate M A Khumalo said that in all probability the matter would not proceed on Wednesday (today).
This delay comes on the heels of an application by the defence in November for access to the investigation diary in the docket. This was mid-way through the State’s case.
In February, magistrate Khumalo dismissed the defence’s application and the trial resumed in March when the State called its last witness before resting its case.
In March 2022, Ball allegedly shot and killed Dean Charnley on the Everton Road turn-off from the M13 in Kloof.
In November 2022, the investigations were finalised and the matter was transferred to the regional court.
Bail of R4 000 was granted to Ball on March 22, 2022, when he first appeared in court. He was arrested on March 19 after handing himself over to police.
At the time of his bail application, Ball told the district court that he had been subject to a violent attack by Charnley and was forced to defend himself. He said immediately after the incident he went to the Hillcrest SAPS to report it.
When the trial started last year in June, Ball tendered a not guilty plea. He said that he was on his way home and while on the M13 Charnley tailgated him. On Everton Road Charnley stopped his Nissan in front of Ball’s Subaru and got out, he said.
Charnley allegedly came towards him shouting and hit the roof of his car with his hand violently. Ball allegedly fired a warning shot out of the Subaru’s open window before Charnley reached him.
He alleges that Charnley grabbed him through the window and partially opened the door, grabbing the gun which he still held on to. The second fatal shot had gone off inadvertently during a scuffle.
However, evidence has been led by the State that there was no scuffle.
WhatsApp your views on this story to 071 485 7995.
Daily News