UPDATE: Tributes pour in for slain local, Mervyn Masher
According to Ipid, no arrests have been made, but investigations into the shooting are ongoing.
MBOMBELA – Ipid spokesman, Moses Dlamini confirmed that the police watchdog was investigating Sunday morning’s shooting in which well-known local Mervyn Masher was killed.
He said, “It is alleged that there was an argument between the motorist and the bikers. The deceased, who was not involved in the accident, intervened.”
Dlamini confirmed that Ipid investigators had been at the scene of the shooting and at the post-mortem on Tuesday.
“It is further alleged that the man pointed a firearm at the police and he was then shot by a police officer.
“Two firearms were confiscated from the scene and taken for ballistic testing to determine their nature and capability.”
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Law enforcement officials’ version of events has angered the family who maintain that Mervyn’s weapon was holstered and not drawn on anyone.
Llewellyn Winkle, a tow-truck driver, was on the scene. “Everything happened so fast, the policeman just shot him down. I could not see whether he had drawn his gun on the officer or not.”
Dlamini added that no arrests had been made, but that investigations into the shooting were ongoing.
ALSO READ: Masher family claims killing was execution
• Masher’s funeral is planned for Saturday. The procession with his body will leave the family home at 08:00 for the St Michael Anglican Church at 7 Fereirra Street.
Visitors to the estate are requested dial 160 or 260 at the security gate entrance at Shandon Estate to gain access.
Shaun Terblanche, operations manager at J&M Security in Mbombela, said Article 49 determines directly when a person can shoot. The Act reads:
1. That the suspect poses an immediate threat of serious bodily harm to him or her, or a threat of harm to members of the public; or
2. that the suspect has committed a crime involving the infliction or threatened infliction of serious bodily harm.
49. Use of force in effecting arrest
(1) If any person authorised under this Act to arrest or to assist in arresting another, attempts to arrest such person and such person-
(a) resists the attempt and cannot be arrested without the use of force; or
(b) flees when it is clear that an attempt to arrest him is being made, or resists such attempt and flees;
the person so authorised may, in order to effect the arrest, use such force as may in the circumstances be reasonably necessary to overcome the resistance or to prevent the person concerned from fleeing.
(2) Where the person concerned is to be arrested for an offence referred to in Schedule 1 or is to be arrested on the ground that he is reasonably suspected of having committed such an offence, and the person authorised under this Act to arrest or to assist in arresting him cannot arrest him or prevent him from fleeing by other means than by killing him, the killing shall be deemed justifiable.
