Knysna-Plett Herald

Oyster Fest death goes to trial

- Yaseen Gaffar

Two and a half years after the death of a Cape Town Student, Jared Lomas, at the corner of Main and Long streets during the 2015 Oyster Festival, the case is finally in court for trial.

The accused is a former Round Table chairman and well-known Knysna resident, Philip Bunge.

At the time that Lomas died, so did his dreams of finishing the last six months of his BComm financial management degree after having paid his way through Stellenbos­ch University and the last year (2015) through Unisa.

While Lomas (23) was in Knysna working for Ignite Events at the Oyster Festival’s Windhoek Lager tent, his very latest university results came out. He had achieved five distinctio­ns.

Last week, Bunge finally appeared before the Knysna Magistrate’s Court, from 5 to 8 February, where state witnesses and himself testified in a case where he faces charges of murder and manslaught­er.

The Lomas family and friends came from Cape Town for the trial.

According to the prosecutio­n, Bunge allegedly held on to Lomas’ collar and drove away at the intersecti­on during the early hours of 12 July 2015.

Lomas fell down and the prosecutio­n alleges that a pathology report reveals his skull was crushed, probably as the Colt bakkie drove over it. Bunge denies claim

But this was denied by the accused, who said in court that he never held Lomas by the collar and neither did he see him fall.

Bunge testified that on that fateful night he had only three to four beers hours before the incident, and that he was feeling sober.

He said they left Kings Sports Bar and were en route to Zanzibar Lounge on Main Road when an altercatio­n broke out between himself and another man, now known as the deceased, Jared Lomas.

“As I pulled off from the intersecti­on I noticed a man on the road, and as I approached he walked in front of my bakkie. I had to swerve to avoid him. I thereafter braked, reversed, and said to him: ‘Don’t be stupid’.”

Lomas inebriated?

Bunge testified that Lomas appeared to be under the influence of alcohol, and shrugged off his jaywalking as a joke.

“I tried to get my point across but he wouldn’t listen. I was concerned for his safety, but he was incoherent.”

According to the testimony of others, Lomas was not crossing the road but appeared to be “making a joke” and tapping vehicles as they passed him.

“Did this upset you and make you angry?” Bunge was asked.

“No, I wasn’t angry – a little agitated, maybe. I wanted to ask him to get off the road. I’m a resident of Knysna and that portion of road can be dangerous to pedestrian­s.”

Bunge says he was attacked first

Bunge told the court that he was attacked first, and received up to four blows to his face, one hitting the back of his head.

“I just wanted to get away, and pressed the accelerato­r. The deceased was holding onto my shoulder and a few moments later he disappeare­d. I didn’t see him fall, and I didn’t feel the wheel of my vehicle going over his head.”

Prosecutor JJ Marx pointed out the testimonie­s of previous witnesses stating that Bunge was holding on to Lomas’ collar and that Lomas couldn’t let go. Lomas was later pronounced dead on the scene.

“I was not holding on to his collar, and I don’t know why the witnesses would state that I did,” he said, referring to at least three witnesses who were called to testify on the days preceding his testimony.

Bunge, who broke into a sweat and occasional­ly took a sip of bottled water between brief pauses, was clearly under stress during the cross-examinatio­n.

His mom never took her eyes off him, and neither did she glance at the group of friends and family who came from Cape Town on behalf of the deceased.

Bunge was shown an image from the pathologis­t, who identified a bruise on Lomas’s neck as that of someone who had been pulled by the collar.

“I do not know how the deceased got that bruise,” Bunge responded.

“When I stopped to tell him to get off the road, the situation slowly started escalating. We stared each other down. A lady friend next to me in the vehicle was getting restless, and said to me, ‘Let’s go’. I never grabbed his collar, if I did I’m sure his friends who were also there and tried to intervene, would’ve responded.”

Conflictin­g versions

But the version of events was slightly different, according to the prosecutio­n.

“I put it to you that it angered you when your vehicle was tapped. You grabbed the deceased by the collar and drove off, dragging him next to the vehicle until he lost balance. He fell down and you drove over his head,” stated Marx.

“That is not what happened. I never grabbed him, I didn’t see him fall, and it was not my intention to kill him,” said Bunge, fighting back tears.

“My whole life has come to a standstill in the past two-and-a-half years since the incident.”

At the end of the days’ proceeding­s, Bunge was asked by the court: “What did you want to achieve by talking and reasoning with a drunk man? You said he was incoherent and clearly under the influence – his friends even told you that he had a couple to drink, what did you expect to achieve?”

He responded, “I wanted to get my point across, and that is, he should get off the road because someone could get hurt.”

The case has been postponed to 19 March, when a medical expert will be called by defence lawyer Carl Jeppe to testify.

Father of the deceased, Lloyd Lomas, says that he was satisfied with the proceeding­s of court last week and wanted to see justice served.

“I’m not a bitter man. It obviously still hurts to have lost a child, but it was Jared’s legacy for us not to be bitter and hold a grudge. We have faith in the justice system and I must admit, I don’t want to see the accused go to jail, but rather serve his sentence through community service.”

He said that more than 400 people attended his son’s memorial two-and-a-half years ago, which was testimony to the kind of person he was.

“He was a jovial person with a great sense of humour. He never meant any harm to anyone.”

Lomas died just days before the birthday of his girlfriend at the time, Retha Smit. He bought her a present that he would’ve given to her in Cape Town on his return from Knysna.

“I only opened it about two months after his death,” said Smit.“It was the most beautiful duvet, that keeps cool in summer and warm in winter. It was the most thoughtful gift I’ve ever received. It’s priceless.”

 ?? Photo: Yaseen Gaffar ?? Philip Bunge enters the court last week for his trial in the case of a Cape Town student who was killed during the Oyster Festival in 2015.
Photo: Yaseen Gaffar Philip Bunge enters the court last week for his trial in the case of a Cape Town student who was killed during the Oyster Festival in 2015.
 ?? Photos: Supplied ?? Cape Town student Jared Lomas died during the 2015 Oyster Festival where he worked for an event company.
Photos: Supplied Cape Town student Jared Lomas died during the 2015 Oyster Festival where he worked for an event company.
 ??  ?? Former Round Table chairperso­n and well known Knysna resident Philip Bunge is on trial for the death of Jared Lomas two-and-a-half years ago.
Former Round Table chairperso­n and well known Knysna resident Philip Bunge is on trial for the death of Jared Lomas two-and-a-half years ago.
 ?? Photo: Yaseen Gaffar ?? At the Knysna Magistrate’s Court last week for the trial of the person accused of causing the death of Jared Lomas during the 2015 Oyster Festival were Chris Olivier (Lomas’ brother), Lloyd Lomas (father) and Heinrich Painczyk (best friend).
Photo: Yaseen Gaffar At the Knysna Magistrate’s Court last week for the trial of the person accused of causing the death of Jared Lomas during the 2015 Oyster Festival were Chris Olivier (Lomas’ brother), Lloyd Lomas (father) and Heinrich Painczyk (best friend).

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