The 17-year-old boy who allegedly killed an Eastwood Secondary pupil may be considered a danger to the public because he openly committed the crime.
This was one of the reasons Constable Msizi Mkhize gave to the Pietermaritzburg Magistrate’s Court for opposing the pupil’s release on bail.
The teen is alleged to have stabbed Hershel Fynn (18) six times outside the school gate on October 15. He is also charged with the attempted murder of Fynn’s friend.
Mkhize said in an affidavit that the day before the stabbing (October 14) the teenager had allegedly stabbed a matric girl during a water bombing incident.
On October 15, Fynn, his friend and other pupils confronted the accused teen about the stabbing incident. After this a fight ensued outside the school gate.
Boys who are no longer at school also joined in, he said.
Mkhize added that the 17-year-old had stabbed Fynn’s friend once in the chest, wounding him. He then fought with Fynn and stabbed him multiple times.
Another “suspect” from Tamboville, who is being sought by police, struck Fynn with a slasher on his upper arm and he sustained another open wound.
Boys from Eastwood and Tamboville then fought.
Mkhize said Fynn had died in the arms of his crying mother who lives 100 metres away from the school. His injured friend was rushed to Northdale Hospital for treatment. Investigations in the case are incomplete, he added.
Mkhize said the teen pupil is linked to the crime through eye witness statements.
He said the safety of these witnesses can’t be guaranteed if the teen were to be granted bail.
Mkhize said witnesses have told him they are afraid of the youngster. He also said if the accused is released on bail it will undermine the public confidence in the justice system.
In a statement, the teenager said he is in Grade 11 and has missed his examinations because of being in custody following his arrest. He said he has no assets or liabilities.
He claims he acted in self-defence when he stabbed Fynn, who had attacked him first. He also denies attacking Fynn’s friend. He said he knows the friend because they go to the same school and promised the court not to interfere with him or any of the other witnesses.
Judgment in the bail application has been adjourned to November 15.