Durban — The Pinetown Magistrate’s Court is yet to make a ruling on an application by the defence for access to an investigation diary in the docket in relation to the murder trial against a pensioner alleged to have shot and killed a father of three in a road rage incident.
The actual murder trial has been paused as the defence battles the State for access to the investigating diary in the docket.
Anthony Ball is charged with the murder of Dean Charnley who was shot and killed last year on the Everton Road turn-off from the M13 in Kloof.
In his not-guilty plea, Ball’s version is 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.
Charnley allegedly came towards Ball shouting and hitting the roof of his car violently with his hand.
A warning shot was fired out of the Subaru’s open window by Ball before Charnley reached him.
He alleges that Charnley, through the window, grabbed him 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.
In August the defence said it would be bringing such an application before the court, after the cross-examination of a State witness, Timm Wegmann, where it emerged that Charnley’s wife had access to the witness’s statement and that this statement had only been made to police a month after the incident.
The application seeking relief from the court comes after State prosecutor Rowen Souls refused the defence access in an answering affidavit to Ball’s founding affidavits asking for access.
After hearing both the State and defence in November, magistrate M A Khumalo undertook to give his ruling in January. However, he was not ready to give his ruling and a date of February 1 was set for the ruling.
However, the matter was adjourned on that day to a later day this month for the ruling. At the time the application was being heard dates were set for February for the trial to be heard over two days.
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