Road-rage killing: ‘It was an accident’
Accused says shot fired ‘inadvertently’, but witness paints different picture
THE Durban pensioner charged with the murder of a man in an alleged road rage incident yesterday pleaded not guilty in the Pinetown Magistrate’s Court where the trial got under way.
Anthony Ball is alleged to have shot and killed Dean Charnley in March last year. In a statement backing his not guilty plea, read out in court by Ball’s counsel, advocate Gideon Scheltema SC, he outlined what transpired on the day.
Ball had been on the M13 en route to his residence. “I was dangerously followed by the (now) deceased in his car, when I moved left to take the offramp his car continued to tailgate me.”
Ball alleged that Charnley came in front of him. “He got out of his car, and came towards me screaming and shouting. He struck the roof and door of the car violently. I discharged a warning shot through the window to deter him. He screamed ‘What the f*** are you doing? I’ll teach you’.”
Ball alleges that Charnley grabbed him through the window and partially opened the door, grabbing the gun which he still held.
“I was dragged out of my car and the gun inadvertently discharged and he dropped to the ground. I got away and drove to the police station.
“I was subjected to a violent road rage incident where the (now) deceased tried to disarm me. The warning shot further enraged him. At no stage did I provoke him. The second shot was inadvertently fired in a reflex action. The deceased was the aggressor – the investigation is of a substandard matter and fair trial is no longer possible.”
State witness Jean Moolman told the court a different story. He testified that Ball in his white Subaru had blocked Charnley in his white Nissan from passing him while they were driving in the right-hand lane after he had flashed his lights three to four times.
Moolman said when he found both men stationary at an off-ramp, Ball fired a first shot as Charnley approached shouting, with both his hands up.
When Charnley had hit the roof panel of the car with his hands a second shot went off and he fell to the ground.
He said that the Subaru sped off through a red traffic light and he followed it to the parking lot of Mr Price Home opposite the Hillcrest police station where the Subaru driver and a passenger alighted and went into the police station.
Under cross-examination, Scheltema suggested to Moolman that Charnley approached the Subaru in a highly aggressive and enraged manner.
“He attacked the vehicle. I would suggest to you that your evidence is contrived because there was an attack on the vehicle before the first shot was fired … the accused says the side of the driver’s door was attacked before any shots rang out.”
He also said there was a material difference between Moolman’s evidence in court and the statement he had made to police in April relating to the incident.
“The unknown white male walked to the side of the Subaru and confronted him. He hit the side of the driver’s door with his hands and I heard gunshots sound about two times,” Scheltema read from Moolman’s statement.
He said that the versions did not reconcile and – as a matter of fact – differed like day and night.
Moolman’s cross-examination continues today.
Charnley’s son, who was with him at the time of the shooting, is expected to testify once Moolman is finished.