Durban — The trial of road-rage accused Anthony Ball will resume in the Pinetown Magistrate’s Court next month.
Ball is accused of shooting Dean Charnley last year, on the Everton Road turn in Kloof.
In court on Wednesday, Ball’s counsel concluded the cross-examination of State forensic pathologist Dr Nonhlanhla Shamase, who conducted Charnley’s post-mortem.
Prosecutor Rowen Souls said that when the trial resumed, the State would call two more witnesses, one a police officer. The matter is to sit over two days in August.
On Wednesday, Ball’s lawyer, advocate Gideon Scheltema SC, cross-examined Shamase.
Scheltema also cross-examined Shamase on Tuesday, and had asked that, before he concluded, the post-mortem form from police given to the pathologist be made available to the defence.
He asked that the doctor email a copy to the defence on Tuesday afternoon, and the State asked that the same form be brought to court on Wednesday.
“Yesterday (Tuesday), you told us you had not been requested to retain blood samples. You said, without having this form in front of you, that his case was related to a road-rage incident. It would appear from the document you supplied that those were the allegations from the outset, at least at the time you did the post-mortem. It is common cause that specimens of blood could have been obtained, as the deceased’s body was in a state where such could be obtained. So blood was available if it was requested.
“You concede the importance of obtaining such a specimen as it could relate to the conduct of that person, and what role that conduct played. In this case, there was a basis to at least investigate the blood specimen of those involved in a road rage incident,” Scheltema said.
Ball’s version is that while on the M13 Charnley tailgated him. Ball told the court that on Everton Road, Charnley stopped his Nissan in front of Ball’s Subaru and got out. Charnley allegedly came towards him, shouting, and violently hit the roof of his car with his hand. Ball claimed he fired a warning shot before Charnley reached him.
Ball alleges that Charnley grabbed him through the open window and partially opened the door, grabbing the gun which Ball still held on to. The second, and fatal, shot had gone off inadvertently during a scuffle.
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