Durban — The Pinetown Magistrate’s Court will make a ruling in January on an application in the murder trial against a pensioner alleged to have shot and killed a father of three in a road rage incident.
The court has heard an application brought by the man's defence to access the investigation diary in the docket.
On Tuesday the State presented its arguments to Magistrate M A Khumalo, this was after hearing the State on November 13.
The elderly man is charged with the murder of Dean Charnley who was shot and killed last year in a road rage incident on the Everton Road turn-off from the M13 in Kloof.
Anthony Ball’s version which he tendered in with his not guilty plea, 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 through the window grabbed him and partially opened the door grabbing the gun which he still held onto, the second fatal shot had gone off inadvertently during a scuffle.
Khumalo said that he would have to give himself time to go through arguments before making a decision on Ball’s application.
Talks of the application began in August after the cross-examination of a State witness where it emerged that Charnley’s wife had access to the witness’s statement and that this statement had only been made to police a month after the incident.
And on November 13, the application was heard in court and continued on Tuesday after a power outage that forced the matter to be adjourned.
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