Durban - A questionable warning shot that is contradicted by key evidence has prompted a police investigation into Manor Gardens resident Dennis Webster, who shot and killed an intruder last Sunday.
Webster, charged with the murder of the man, claims to have fired a warning shot at the intruder while the two traded blows in the sitting room of his rented home.
He was released on bail after a special court sitting on Monday, a public holiday, having spent last Sunday night in custody.
A police source close to the investigation, who would not be named, told the Sunday Tribune Webster’s account of the scuffle and shooting was not supported by physical and forensic evidence gathered at the scene.
Quoted by sister publication The Mercury, Webster said he had noticed a man run through the kitchen into the house.
Webster said he had left a packet of money on the kitchen table the night before, but was more concerned that his gun, which was stowed in a cabinet drawer, would be stolen.
“I lunged across to open the drawer and got the firearm out, but as I was doing it this guy came at me with a knife,” he was quoted as saying.
According to Webster, he fired a warning shot that hit the kitchen wall.
“It didn’t occur to me that the shot had ricocheted because the guy just kept coming at me and fighting with me,” he said.
His wife, Jacqui, who was sleeping upstairs, heard the commotion and came down.
“I grabbed the guy around the neck and I shouted to my wife to tie him up. Then I noticed he had become very weak,” he said.
The bullet, said Webster, had lodged in the attacker’s right shoulder.
“We phoned the cops who were there in about 30 minutes, but they would not declare the guy dead until an ambulance arrived. We could see he was gone,” he said.
Pivotal forensic evidence which contradicts his version of events has come to the fore this week after the man’s court appearance.
The source indicated that the veracity of several facets of the story could not be confirmed by the physical evidence at hand.
The warning shot ricochet, expected to form a key part of Webster’s defence, has been called into question by investigators.
“The investigating team was unable to find any trace of a ricochet from a wall and in fact any surface that would support the claim that a stray bullet had hit the intruder,” the source said.
“Moreover, the placement of the spent cartridge also contradicts the position where he (Webster) insists he was when he pulled the trigger.”
A post mortem is still to be completed.
The man allegedly sustained a single gunshot wound to his back, the bullet striking between his shoulder blade and spinal column.
There is also an alleged discrepancy in response time recorded by Webster.
“Webster claims the police officers took 30 minutes to respond to his distress call. Vehicle tracking logs collated with reports from the first officers to respond indicate they arrived within 10 minutes.
“There is also no evidence that Webster made a call to paramedics to try to save the man, even though he knew he was badly wounded,” the source added.
According to the source, there had been no sign of forced entry – the intruder is thought to have entered through the unlocked kitchen door.
“Webster said that the man attacked him with a knife. We believe this was not the case, because only a spoon was found near the body,” he said.
Police spokesman Vincent Mdunge confirmed Webster had been released on bail and that the incident was still under investigation.
Repeated attempts to contact Webster this week proved unsuccessful.
Gun Free South Africa spokeswoman Claire Taylor said lax training regulations for those licensed to carry weapons for self-defence resulted in senseless killing.
“We have seen time and again that people are not adequately trained in terms of the Firearm Control Act. Incidents like this speak to that fact,” she said.
“It is our view that you are not automatically safer just because you have a firearm. In this instance, it would appear that a weapon meant for self-defence has been misused,” said Taylor.
Mdunge said that, within the South African legal framework, the carrier of a licensed firearm may only draw and fire a weapon if his own life is in immediate danger or the lives of others are endangered.
“One would need to justify the use of lethal force. If anyone’s life is in danger, a person can act in defence. If someone who does not pose a threat is shot, the gun owner will be locked up immediately,” he said.
Sunday Tribune