Durban — The murder trial against a pensioner alleged to have shot and killed a man in an apparent road rage incident will resume in September.
Anthony Ball is charged with the 2022 murder of Dean Charnley. His contention in evidence is that as he was driving up Fields Hill and on the M13, Charnley was driving extremely close behind his vehicle in the fast lane.
His evidence is that when he got a chance to move over to the left lane, anticipating that Charnley would overtake him, Charnley continued to tailgate him.
However, the evidence of two State witnesses, including Charnley’s son who was a passenger in the car, was that Ball had blocked Charnley from overtaking several times in the left lane.
On the Everton turn-off, Ball alleges that Charnley came towards his car shouting and swearing, and that when he reached the pensioner’s car, he began attacking it with his hands, and that Ball at some point opened his window slightly and let out a warning shot.
The court has heard from Ball how Charnley reached in through the window, and in the tussle over his firearm a shot inadvertently went off, killing Charnley.
Ball’s evidence was that after this, Charnley slumped against the door of his car before falling onto the road. The pensioner then went to the Hillcrest SAPS to report a case of intimidation; however, this was later changed to murder when an officer from the scene arrived at the station.
The trial began last year, and the State closed its case in March. The defence called the accused as its first witness in May.
In June, the defence’s second witness took the stand and the matter was adjourned to this month for a third witness. However, the case was postponed to September due to the unavailability of the third witness.
Last year, the main trial took a back seat for some time, as the court heard an application by the defence for access to an investigation diary in the docket.
It was heard that Ball wanted to get this diary to illustrate certain abuse of process, highlight certain inadequacies in the investigation, and facilitate a fair trial to demonstrate his innocence. However, the court dismissed the application, labelling it a fishing expedition.
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Daily News