SA man charged with murder
2009-10-29 09:11
Johannesburg - The South African man who is being held in Afghanistan because he allegedly shot a security guard in self-defence, has been charged with murder.
Phil Young from Cape Town was apparently transported to the capital Kabul on Wednesday, where his trial will be held.
According to his brother Pat in Johannesburg, he was charged with murder despite the fact that all six witnesses in the case confirmed that he had acted in self-defence.
Young, a security specialist, was arrested four weeks ago in Lashkar Gah in Helmand province after he allegedly shot a subordinate guard who had first fired at him.
Young and the guard worked for the American government's Counternarcotics Advisory Teams (CNAT), which is fighting the propagation of opium poppies in Afghanistan.
Cocked AK47
Young had fired the guard earlier in the day after he had been in an altercation with one of the guard commanders.
The guard later returned with some friends, after which Young warned him that he was no longer in his employ and was therefore not permitted to carry a firearm in the area.
The Afghan man then cocked his firearm, an AK47 assault rifle, and shot at Young, who shot back.
Two of Young's colleagues, who are also foreigners, were arrested with him and the three were held separately in shipping containers. The two colleagues have since been released, while Young was handed over to the Afghan security police.
Pat Young said it was difficult to determine how the legal process worked in the country. All that his brother was able to learn from the State prosecutor, was that it would probably take about three months before his case was concluded - regardless of whether the balance of evidence was in his favour.
'Case could go either way'
"When he was questioned, police for example said it was unlikely that the guard had shot first at my brother, because his weapon lay some distance from his body.
"Phil explained that he had kicked away the weapon because he didn't know if the guard was still alive and could perhaps still fire at him. It's difficult. The case could go either way."
The Afghan lawyer who represented his brother, apparently also had to negotiate compensation with the deceased's family.
"The British saw to it that Phil was well looked after when he was held in the Lakshar Gah police cells."
Phil Young has three children who live in Cape Town.