Dean Charnley was shot and killed in a road rage incident on Everton Road in Kloof. Pensioner Anthony Edward Ball is on trial for the murder in the Pinetown Magistrate’s Court. Picture: Facebook
Durban — A second defence witness is expected to take the stand later next month when the trial against a pensioner alleged to have shot and killed a father of two in an apparent road rage incident in Kloof resumes.
Anthony Ball is charged with the 2022 murder of Dean Charnley and this week when the trial sat in the Pinetown Magistrate’s Court his cross-examination was finalised.
Ball’s evidence of events leading up to the fatal shooting is in contention as Ball that while driving up Fields Hill and on the M13 Charnley was driving extremely close behind his vehicle on the fast lane.
His evidence is that when he got a chance to move over to the left lane anticipating that Charnley would overtake him he continued to tailgate him.
This is while evidence of two State witnesses, including Charnley’s son who was a passenger in the car, was that Ball had blocked Charnley from overtaking several times on the left lane.
On the Everton turn-off, Ball alleges that Charnley came towards his car shouting and swearing, when he reached the pensioner’s car he began attacking it with his hands, and Ball at some point opened his window slightly and let out a warning shot.
The court has heard from Ball how Charnley reached in through the window and in the tussle over his firearm a shot inadvertently went off killing Charnley.
Ball’s evidence was that after this Charnley slumped against the door of his car before falling onto the road, the pensioner following this went to the Hillcrest SAPS to report a case of intimidation however this was later changed to murder when an officer from the scene arrived at the station.
This is while evidence of State witnesses, including Charnley’s son who was a passenger in the car, was that Ball had blocked Charnley from overtaking several times on the left lane.
“When you shot the deceased and he was down on the ground, did you phone an ambulance? Did you get out of the car because he was now no longer a threat,” said State Prosecutor Rowen Souls to Ball during his cross-examination.
Ball said that his first instinct and thought was to drive to the police Station following the fatal shot.
“You were in the comfort of your vehicle, you had a gun, and the deceased was unarmed. I put it to you that you were in a better position than the deceased on that day,” said Souls.
Ball conceded saying that “hypothetically” he was in a better position than Charnley “but not in reality, I was being advanced on by someone who was clearly angry”.
The trial continues on June 11.
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