A MEDICAL condition, including past incidents which resulted in hospitalisation, and the character of the pensioner convicted of a 2022 Kloof road rage murder, were central to the argument in mitigation of his sentence during proceedings on Monday (June 22) at the Pinetown Regional Court.

Advocate Gideon Scheltema SC, for the defence of Anthony Edward Ball, who was convicted of the 2022 fatal shooting of Dean Charnley in March 2025, led the testimonies of two witnesses, one a close friend and the other a past professional associate.

In aggravation, the State, led by prosecutor Advocate Gugu Mbili, brought to the stand Charnley’s wife, Robyn, who, after her testimony, was cross-examined by the defence about her involvement in case-related matters during trial proceedings.

Robyn gave testimony of the financial distress her family has endured following her husband’s murder.

Mbili told the presiding officer, Magistrate Muntu Khumalo, that in order to avoid further delays, she had to close her arguments in aggravation of sentence without placing before the court the victim impact statement of Charnley’s son, Seth, who was in the vehicle with his father on the day of the fatal shooting.

Scheltema told Khumalo that the defence had wanted to cross-examine Seth and challenge a couple of aspects in his statement, which include describing his father as the “most loving person” he has ever met, “a gentle giant” whom he compared to “a teddy bear” who was his “role model” and “safe place”.

“What is so challengeable about that?” questioned Khumalo. “I don’t understand why the defence wants to challenge how he feels.”

Seth, however, was not present in court.

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During her testimony, Robyn told the court how a like by Ball of a Facebook post made by one of her sons in memory of his late father, had made her “very emotional”, and the son angry.

In cross-examination, Scheltema questioned whether it was not possible that Robyn had misinterpreted that social media reaction.

First on the stand for the defence was Lance Crammer who told the court that he has known Ball for more than 40 years.

“For all the time that I have known him, I have been around him, I have never seen Mr Ball lose his temper to the point where he throws things around,” Crammer told the court.

This witness described Ball as an “upstanding citizen” who is “not a threat to society”.

Crammer further told the court that since Ball was convicted for Charnley’s murder, he has noticed “a demise” in his general well-being.

Crammer also told the court about a November 6, 2025, incident when, after he had been notified that Ball was not in court and had rushed to his place of residence in Gillitts, he found the convicted pensioner unconscious.

Widow describes financial and emotional toll

According to Crammer, while he was attempting to call an ambulance for Ball, standing outside his complex for a signal, Robyn arrived at the gate and allegedly, in a raised and “quite abrupt” voice, demanded “to know about the whereabouts of Mr Ball”.

“My words to her was that he’s out of it. She demanded what I meant but I was busy trying to call an ambulance,” testified Crammer, who added that police officers also arrived right after Robyn.

The court also heard from Crammer that on May 6, Ball was “incredibly red on the face and was not looking well” and that during proceedings, while in the dock he had slumped over to the right, drawing the attention of a court orderly.

Crammer also told the court that on that day Ball used a walking stick, which he, according to this witness, has used on many occasions.

“He was very shaky on his legs and feeling very, very dizzy,” Crammer said.

This witness told the court that he later learned that Ball had collapsed outside the court precinct and had to be rushed to hospital where he was kept for a few days.

In response to Mbili’s cross-examination about whether a jail term would be suitable for Ball considering the medical conditions stated before court, Crammer said: “I’m not here to hand down sentence, your Worship, I’m not qualified in that regard.”

Mbili put it to Crammer that medical services are available for inmates doing time.

In aggravation of sentence, Robyn told the court that her two sons had had to abandon their academic studies due to financial woes borne from the murder of her husband and that his business had to be closed down.

“Financially it has damaged the family. He was the sole breadwinner,” Robyn told the court.

During cross-examination by the defence, the court heard how Robyn had asked about and allegedly attempted to see Ball during one of his hospitalisations, and that she had obtained a docket of the case while the trial was ongoing, which she said was to help fast-track the matter.

Scheltema also questioned Robyn on what she had said about Charnley at his funeral, that he was a “macho persona who could not handle criticism”, and on testimony before court about his violent behaviour during the road rage incident before the fatal shooting.

“The accused put my son’s life and my husband’s life in danger and that was his reaction,” said Robyn.

Closing arguments will continue on Monday, June 29.

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