Durban - The evidence against the last accused in the King’s Park murder trial was of poor quality, with contradictions, poor witness statements and medical evidence likened to “third rank” in accuracy.
This was the gist of the closing arguments advocate Christo van Schalkwyk, SC, presented in the Durban Regional Court on Thursday, acting on behalf of Blayne Shepard, 24.
He is on trial for the murder of former Royal Marine Brett Williams, 29, in a post-match brawl outside the King’s Park Rugby Stadium on the night of March 23, 2013.
In November last year, three of the fellow accused charged with the murder, brother Kyle Shepard, 25, Andries van der Merwe, 23, and Dustin van Wyk, 23, walked free after the case against them was discharged by magistrate Trevor Levitt. He found the evidence against the three did not meet the required standards for a trial to proceed, but ruled that Blayne Shepard had a case to answer.
Van Schalkwyk told the court the State had not proven beyond a reasonable doubt that Shepard was responsible for the death of Williams.
He argued that there were a multitude of contradictions with the witnesses’ evidence, leaving much to be desired.
He pointed to the evidence of witnesses Kim de Villiers, Grant Cramer and security supervisor Keith Seach, as being of poor standard and lacking in detail.
Van Schalkwyk reminded the magistrate that Seach admitted in cross-examination that only 5 percent of his statement to the police on the night of the incident was true.
His testimony that Shepard allegedly punched Williams to the ground was questionable, he said.
Seach’s testimony that he saw Williams repeatedly kicked and stomped by many people did not tie up to the medical evidence provided.
Van Schalkwyk argued that Dr Ashley Hammond, who conducted the post-mortem, was not a qualified pathologist and his work was sub-standard and inadequate. He said Hammond failed to examine Williams’s clothing, secure X-rays, take photographs of the body and record accurately the measurement of the injuries.
The single injury to the head with no injuries on Williams’s torso, was not consistent with the witnesses’ claims, he said.
The advocate claimed the CCTV footage on the night of the incident was selective and he felt it had been tailored by the Fidelity guards.
Earlier, in his submissions during argument, prosecutor Krishen Shah reminded the magistrate that Grant Cramer testified he saw Shepard rushing towards Williams in an aggressive manner and confront him. Shah said the security manager of the stadium, Neil Burger, had seen Shepard assaulting Williams.
He also submitted in his arguments that paramedic Derrick Banks had testified that after the first scuffle between Cramer and Williams, he saw Shepard, who was with a group of men, get involved in a fracas with Williams. Banks testified that he saw Shepard kick Williams on the head.
Banks rendered medical assistance, but it was in vain.
Shah argued the witnesses corroborated each other on all material respects and that Shepard’s testimony was unreliable. He said there was no evidence to support the defence’s claim that Williams died as a result of a fall from his own height.
The matter was adjourned to June when judgment is expected to be delivered.
Daily News