Not too dark for case

2016-03-29 11:44

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Pietermaritzburg - Imbali “road rage” accused Ian Williams will be called on to testify at his murder trial after a high court judge last week refused an application for him to be discharged at the end of the state’s case.

His advocate, Jimmy Howse, had urged the court to find that lighting conditions on the night Williams allegedly shot dead Tyron Terry at Imbali on March 26, 2012, were not conducive to any of the eye witnesses being able to positively identify Williams as the gunman.

He suggested it had been too dark and in circumstances where the witnesses did not know Williams well, or had observed him only from a distance previously, they could reliably identify him.

In addition, Howse said none of them had immediately informed police that they knew who the killer was and only identified Williams at a later stage.

He also argued that the evidence of the witnesses who did identify Williams was “so bad” that the court was entitled to make a finding at the end of the state case that it would not be able to reasonably rely on their evidence.

State advocate Johan du Toit on the other hand argued that there is a case for Williams to meet.

Judge Yvonne Mbatha, sitting with an assessor, on Thursday agreed with the state and ordered Williams to proceed with the defence case.

Howse said he intends to call Williams to testify in his defence when the case resumes.

However as the court session had ended, a new trial date for the continuation of the case now has to be decided on. The case was postponed provisionally to June 7 when the new date will be finalised.

Williams (27) of Orient Heights, Pietermaritzburg, has pleaded not guilty to shooting dead Tyron Terry in the wake of a road rage type incident on March 25, 2012.

The state alleges that Terry and Williams were involved in an altercation after Williams allegedly “ changed lanes and swerved” in front of Terry while the two men were both driving along Mthomhothi Road in Imbali.

After the two men had “words”, Williams allegedly remained unapologetic.

The state alleges he thereafter decided to kill Terry, armed himself with a firearm and resolved to execute his plan the next day.

On Monday, March 26, he allegedly set out to look for Terry and found his car parked in the yard of 208 Msinsi Road in Imbali. Williams went to the gate and called Terry, who was sitting in the vehicle. A confrontation ensued during which Williams allegedly produced his firearm and pointed it at Terry.

Terry allegedly retreated and eventually turned around and fled from Williams.

Williams allegedly thereafter fired a shot, hitting Terry in his head.

Terry was rushed to Northdale Hospital but later died.

Read more on:    pietermaritzburg  |  court

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