Durban — With investigations finalised, a Durban pensioner charged with murder is due to appear again in the Pinetown Magistrate’s Court later this month.
Anthony Edward Ball, 67, alleged to have killed Dean Charnley in a road rage incident in March on Everton Road in Kloof, was in court on Friday where the State indicated that investigations had been finalised, with the post-mortem report filed.
The report and the scene photo album, a ballistic report as well as statements were among the State’s collected evidence.
At the time of the alleged shooting, police had said that they arrived on the scene to find a 49-year-old man with gunshot wounds to the chest.
The matter was adjourned to November 23 for a decision by the regional court prosecutor.
Bail of R4 000 was granted on March 22 when Ball first appeared in court following his arrest on March 19 after handing himself over to police.
Ball is alleged to have killed Charnley in March on Everton Road in Kloof.
During his bid for bail the court heard how after operating a well-known filling station, Bulwer Park Filling Station, for 35 years Ball retired.
“Although I am retired and therefore reliant on my pension, as a result of having spent my adult life working on motor vehicles I spend much of my spare time working on and repairing motor vehicle. In this regard, I own a workshop situated in Pinetown … valued at approximately R1.5 million, excluding the extensive range of valuable tools and equipment.”
At that time, Ball said he did not possess any travel documents that could enable him to leave the country, adding that he had no property or any significant assets overseas.
“Other than my son who resides in Arizona, US, and my brother who resides in Singapore, I have no other family or other ties of any significance overseas.”
Regarding the merits of the case, Ball had previously told the court, through a sworn affidavit, that he had been advised of the consequences and implications of responding to these by his legal counsel.
Accordingly, he said, on legal advice he declined to delve into the merits of the matter at that stage.
“I shall only be in a position to properly and meaningfully deal with the merits of this matter once appraised of the full extent of the allegations levelled against me … I intend on pleading not guilty to the charge. My defence is one of private defence.”
The accused, in support of this application for bail, said he had had no prior dealings with the victim prior to the incident which gave rise to the murder charge.
“I do not know the deceased neither do I know any of the deceased’s family members. I was subject to a violent attack by the deceased, as a result of which I was forced to defend myself, and therefore submit that the prosecution’s case is weak. Immediately after the incident … I proceeded directly to the closest police station, Hillcrest SAPS, where I reported this matter,” Ball said.
Daily News