Defence wants discharge in Marine murder trial

2014-11-04 20:25
Brett Williams

Brett Williams

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Durban - Lawyers for four men accused of beating a former Royal Marine to death will seek to have the case thrown out when it resumes in the Durban Magistrate's Court on Thursday.

Lawyers for the four accused brought an application in terms of Section 174 of the Criminal Procedure Act to have the case discharged, National Prosecuting Authority spokesperson Natasha Ramkisson-Kara said on Tuesday.

The application would will be heard on Thursday. Should Magistrate Trevor Levitt agree with the defence the four could walk free. He may also grant the application to some of the men and not the others, who would then have to defend themselves against the charges.

The State on Tuesday closed its case against Blayne Shepard, 23, and his brother Kyle, 25, Andries van der Merwe, 23, and Dustin van Wyk, 23. They each face a charge of murder, three of assault with intent to do grievous bodily harm, and one of crimen injuria.

They are accused of beating Brett Williams to death outside Durban's Kings Park stadium on the night of 23 March 2013, after the Sharks beat the Melbourne Rebels in a Super Rugby match.

Specialist forensic pathologist Dr Christa Hattingh, and Dr Ashley Hammond, who carried out the autopsy on Williams, gave testimony this week.

Christo van Schalkwyk, for the Shepard brothers, had accused Hammond of performing a post mortem that was below standard.

Read more on:    brett williams  |  durban  |  crime

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