Durban - The three men accused of the murder of British Marine Brett Williams are relieved they were discharged this week.
On Friday, Durban Regional Court Magistrate Trevor Levitt told Kyle Shepard, 25, Andries van der Merwe, 23 and Dustin van Wyk, 23, they were free to go after their attorneys made an application to have the charges against them dismissed.
The State failed to present a case against them.
But Shepard’s brother, Blayne, 23, will stand trial. He will be required to put up a defence to the murder charge he still faces.
Williams, who had travelled to South Africa during a work assignment, was killed in a brawl after the match between the Sharks and the Melbourne Rebels at Kings Park Stadium in March last year.
The charges they faced included murder, assault, crimen injuria and public violence.
Grant Cramer was originally among the accused, but charges against him were dropped before the trial began. He subsequently became a state witness.
After judgment was handed down, a visibly relieved Van der Merwe said: “I knew exactly what happened on the night. I always maintained my innocence and I’m lucky I had a good lawyer (Malcolm Lutge).
“Obviously I’m very happy to be a free man and I can move on with my life.”
About being accused of murder and the negative sentiments expressed by the public, Van der Merwe said it was not an easy thing to deal with.
“Everyone has their own opinion and people made their own judgment without knowing what went on that night.”
His father, Andries van der Merwe Sr, said it had been a tough journey for his family, but he was glad it was over and he had never doubted his son’s innocence.
“My family has been through major turmoil. The judgment is a relief for us.
“I hope more youngsters realise that the fist must not do the talking,” he said.
Kyle Shepard was reluctant to speak to the media, but senior advocate Christo Schalkwyk, who represented the brothers, said: “Kyle is relieved with the outcome.
“He’s happy that he can go on with his life but he is also concerned about his brother’s well-being.”
Attorney Raneshan Naidoo said his client, Dustin van Wyk, was happy it was over.
The news drew a scathing rebuke from friends of the Facebook site “Brett Williams killers to rot in jail”, who let rip with their discontent.
“I feel so bad for the family, who won’t get closure,” said Mandi Masterson Robertson.
Leslie Cox said: “There is no hope for victims and their loved ones in South Africa.”
Barbara Deschamps said: “I’m devastated. I’m embarrassed to be a South African… a once-proud nation. I’m so sorry for Brett. Justice has not been served.
“To Louise, Lailah, Brett’s mom and loved ones, on behalf of all law-abiding citizens of South Africa… I apologise for the disregard with which Brett was treated.”
Michelle Katzke said: “This is absolutely disgusting… I am so disgusted at the SA judicial system.”
Williams’s fiancée and the mother of his child, Louise Scott, said from England: “I’m beside myself with anger, I’m stunned and appalled at the level of incompetence with which Brett’s case was handled.
“I’m heartbroken at the lack of care and respect for Brett’s death. He has been let down,” she said.
- Sunday Tribune