Oyster Fest death: D-Day for Bunge
The fate of well-known Knysna resident Philip Bunge will be heard in the Knysna Magistrate’s Court on Friday 20 April, when judgement is expected to be handed down in the three-year murder case involving a Cape Town student.
Bunge was charged with murder and a second charge of culpable homicide following the death of Jared Lomas during the Oyster Festival in 2015.
The incident occurred during the early hours of 12 July 2015 when an altercation occurred between the two men. Bunge was driving in Long Street when he noticed Lomas on the road and had to “swerve to avoid hitting him”.
Conflicting versions
According to the testimony, Bunge applied brakes, reversed and confronted Lomas, telling him, “Don’t be stupid”. Bunge told the court that the situation escalated and that he stared him down.
There are conflicting versions as to why Bunge didn’t simply drive away and neither did Lomas walk away.
According to the State, this was because Bunge was holding Lomas by the collar.
State’s case
“I submit that the accused was holding onto the hoodie of the deceased and drove away, which resulted in the deceased falling down and sustaining fatal injuries,” prosecutor JJ Marx told the court.
“Why didn’t the accused accept that the deceased was just joking and drive away? This is because he himself was intoxicated. What does it mean that the accused stared him down? Because the accused wanted to hurt him.” Marx, referring to Lomas, added that it was strange for a person who is apologising all the time to suddenly become aggressive. “This doesn’t fit the profile of the deceased,” he said.
Defence’s case
Defence attorney Carl Jeppe submitted that it was actually Lomas who was holding onto the collar of the accused.
“The deceased held onto the hoodie of the accused as the accused drove away and punched him several times. The accused just wanted to escape. The deceased was clearly aggressive, he wanted the accused to jump out the vehicle.”
Jeppe submitted to the court that the deceased had an opportunity to walk away from the scene but did not.
“Witnesses admit that they were under the influence, and one cannot make proper observations while drunk. The friends of the deceased would have come to his aid if his collar was being held onto, but they didn’t because this is not true.”
Cause of death questioned
Jeppe told the court that the accused should be acquitted of all charges, and also questioned whether Lomas died due to the vehicle driving over him or because of falling to the ground.
Father of the deceased, Lloyd Lomas, who wore a brave face, said he was satisfied with the court proceedings. “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 just want this matter to conclude so that we can go on with our lives.”