Kimberley - There were sighs of relief when an emotional Shawn Buffel, 33, who is facing a murder charge for allegedly killing his neighbour, was granted R500 bail in the Kimberley Magistrate’s Court on Friday.
Buffel allegedly stabbed primary school teacher, Shaun Drude, to death last weekend following a feud between the two neighbours.
Magistrate Brenda Roodt, however, said that from the testimony given by the investigating officer, Sergeant Johannes Bosman, it appeared that Buffel may have been acting in self-defence.
From information given to the police, Bosman said it appeared as if a fight broke out between the wives of Buffel and Drude.
“The accused and deceased lived in the same street just two doors away from each other. The accused intervened in the fight between the wives and brought his wife home. He then locked his gate as well as the door of his house, with himself, his wife, his sister and sister’s boyfriend inside. The deceased was then called and arrived at the house of the accused. He jumped over the fence into the accused’s yard. He allegedly had a spade with him at the time. The deceased apparently broke down the door of the Buffel’s house. A fight broke out between him and the accused,” Bosman said.
Buffel’s legal representative, Mercia Kouter, asked Bosman whether the deceased was armed.
“The deceased had a spade with him. I have only compiled a statement from one witness. I have spoken to another person, a woman, who said the deceased arrived with some of his friends in a vehicle.
“According to her, the deceased went to the boot of the car and took out something that looked like a firearm,” Bosman said.
Kouter asked whether there was any damage to his house. “The door and the windows of the house were broken,” said Bosman.
Bosman, however, disputed the submission put to him by Kouter that it was possible that Buffel was acting in self-defence. “It was not self-defence because of the manner in which the accused committed the crime. Although the deceased may have had a spade on him, the amount of force the accused used during the ordeal was too much.”
Bosman said he was opposing bail due to the seriousness of the matter and the fact that Buffel’s safety may be in jeopardy.
Kouter said Buffel had no pending cases against him but had a previous conviction for the illegal possession of a firearm, for which he was convicted 15 years ago.
In an affidavit compiled by Buffel, he pleaded not guilty to the murder charge and said he was trying to protect his wife during the incident.
“I locked myself, my wife as well as my sister and her boyfriend inside the house in an attempt to protect her. The deceased and four of his friends broke down the door to my house. They threatened me with weapons. I tried to protect my wife. Should I be granted bail, I will not endanger the safety of the public nor will I commit any other offences,” read the affidavit.
Roodt, before granting Buffel bail, said the State did not have a strong case against him.
“When deciding on bail there are a number of factors the court has to take into consideration. The criminal history of those accused, whether they are a flight risk and whether they pose a danger to the community are just some of the factors that play a role.
“In your case it does not look like you are someone who commits crime continuously. The charge you were previously convicted of happened 15 years ago. There is nothing that states that you are a flight risk. The community has been affected by this incident but it is on both sides – your family has been affected because you have been arrested and the family of the deceased has also been affected.
“In this case you didn’t go to the house of the accused and attack him. The community really needs to think hard about that. Can one truly say that you had intention to kill the deceased?
“When this incident occurred, you took your wife inside the house and locked your door. The deceased allegedly jumped over your fence, broke down the door and attacked you inside your house. He was also armed with a spade. This appears that it could have been self-defence. It is alleged he came with friends. What are you supposed to do if someone comes into your house with a weapon?
“The State will have to prove that it was murder. I am, however, of the opinion that you did have to defend yourself. The facts of the case point to self-defence,” said Roodt.
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