Oyster Fest death goes to trial
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.”