Durban — A witness in the road rage murder trial of Dean Charnley gave explosive on-the-scene details of events as they unfolded to the Pinetown Magistrate’s Court on Monday.
Charnley was shot on the Everton Road turn-off from the M13 in Kloof, last year.
Anthony Ball is charged with Charnley’s murder. The trial resumes on Tuesday. Ball was driving a Subaru vehicle while Charnley had a Nissan.
On Monday the witness, Timm Wegmann, told the court that there was no scuffle and Charnley did not reach through the window of Ball’s Subaru and what happened was contrary to the version of the accused. This witness was the third to tell the court the same thing.
Wegmann told the court that Ball used his vehicle to block Charnley’s Nissan from overtaking it while on the M13.
This was something that all the State witnesses who have testified in relation to the incident have said.
Ball’s version that he gave the court when he tendered his plea of not guilty was that Charnley tailgated him.
Wegmann said that on the M13, as the Nissan moved to overtake on the left-hand side, so did the Subaru, blocking the car off.
“They kept doing this a couple of times, more than five or six times. Then they took exit 26. I was right behind them.
“I wanted to go next to them on the left lane but was scared that they would knock each other so I just kept behind the Nissan. On exit 26 the Nissan was still trying to overtake until the Subaru moved to the left and the Nissan overtook where the road becomes two lanes, he overtook from the right and stopped his car. The Subaru also just stopped,” he said.
Wegmann said when Charnley got out of his car he had left the door open.
“I got next to the Nissan and hooted because he had left his door open. He had already started walking towards the Subaru. He looked at me, apologised, went back and closed his door, and proceeded to the Subaru.
“I parked in front of the Nissan. I got out of my car and the Nissan driver was already at the driver’s window of the Subaru. The Nissan driver was hitting the driver’s mirror with his open hands. The Subaru moved a little forward. The Nissan driver hit the window before the back of the car, with his fist.
“Then I saw the Subaru driver’s window start to open and while it was open I heard a gunshot when the window went all the way down and the driver started opening the door, the Nissan driver was shouting. I could not hear what he was saying. Then he went towards the door.”
He said that Charnley had been at the back window of the Subaru when Ball started opening his door.
“The Nissan driver walked to the driver’s door and grabbed the driver’s door by the open window and was pushing the door to close it, blocking the driver from getting out.
“While pushing a couple of times he was shouting, he was swearing but I could not hear what he was saying I then heard the second shot.
“The driver of the Nissan fell down on his knees then on to the right side of his body, the Subaru just drove off.
“The Nissan driver turned on his back with both hands on his chest and as he closed his eyes he let both arms open. “I was right there and his son was next to me. I was looking at him and saw this because I had just looked at the Subaru driving away and then at him because I could not believe what my eyes had seen.”
The trial continues.
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