Durban — On Monday the Pinetown Magistrate’s Court dismissed an application made 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.
Anthony Ball is charged with the murder of Dean Charnley, who was shot and killed in 2022 on the Everton Road turn-off from the M13 in Kloof.
The trial took a back seat while the application was heard.
In August the defence indicated that 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 the police a month after the incident.
The application seeking relief from the court comes after the State prosecutor, Rowen Souls, handling the trial refused the defence access in an answering affidavit he made in reply to Ball’s founding affidavits asking for access.
After hearing from both the State and defence in the application in November, Magistrate MA Khumalo undertook to give his ruling in January. However, in January he was not ready to give his ruling and a date of February 1 was set for the ruling to be heard.
However, the matter was adjourned on that day to Monday for a ruling.
In his not-guilty plea, Ball’s version is that he was on the way home, and while on the M13 Charnley tailgated him.
And on Everton Road, Charnley stopped his Nissan in front of Ball’s Subaru and got out.
Charnley allegedly came towards him shouting, and hit the roof of his car with his hand violently.
A warning shot was fired out of the Subaru’s open window by Ball before Charnley reached him.
He alleges that Charnley grabbed him through the window and partially opened the door, grabbing the gun which he still held onto, and the second fatal shot had gone off inadvertently during a scuffle.
The trial is to continue next week and has been set down to sit for two days.
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