THE State has urged the Pinetown Regional Court to consider two high profile cases when deciding on the sentence to be handed to the pensioner convicted of a 2022 Kloof road rage murder.

These cases are those of former tennis Grand Slam champion and convicted rapist Bob Hewitt, who was a pensioner at the time of his sentencing, and convicted murderer Oscar Pistorius, who is a double amputee and served time behind bars.

This after the defence for Anthony Edward Ball, Advocate Gideon Scheltema SC, argued on Monday (June 29) that the convicted elderly man’s permanent disability, and several medical conditions that have required hospital treatment, are among the issues to be considered before a sentence is handed down.

For the defence

“What will happen to the accused in a prison environment, in a crowded cell? One can only imagine the stress it will place on the accused,” argued Scheltema.

The defence also argued that because there was no evidence that the fatal shooting was premeditated murder, and none that Ball “was the primary aggressor” during the road rage incident, the presiding officer, Magistrate Muntu Khumalo, should weigh up alternatives to direct imprisonment.

Also read: Defence in fatal Kloof road rage case accused of delaying tactics

Other factors Scheltema argued that Khumalo should take into consideration are Ball’s mental health, which involves post-traumatic stress and “severe depression”, as well as that he is not a serious threat or danger to society.

“He found himself in a very, very unusual circumstance,” said Scheltema.

Scheltema added that it is important for Khumalo to note that Dean Charnley was 25 years younger than Ball, “twice the size of the accused”, and that the pensioner had not exited his vehicle while the deceased attacked it with his bare hands.

The defence also pointed out that Ball had driven himself to the police after the fatal shooting.

The State Prosecutor argued that the court should consider that Pistorius is a double amputee who served time behind bars for murder and that Hewitt was about 75 years old at the time of his sentencing, with the latter’s efforts for an out of prison sentence failing at the Supreme Court of Appeals.

“If a person deserves to be in prison, the court must give that sentence,” said the prosecutor, who had also argued that though no sentence could bring back Charnley, the emotional and financial toll his death has had on his family should be taken into consideration.

The prosecutor argued that Ball had not been remorseful and that it should be ruled that he is not fit to possess a firearm. The matter returns on August 3.

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