The three men acquitted of murder in connection with the fatal beating of a former Royal Marine will not be allowed to watch rugby matches at Kings Park.
Novashni Chetty, public relations manager for the Sharks, said in a statement on Wednesday that Kyle Shepard, Andries van der Merwe and Dustin van Wyk would not be allowed to attend matches despite the fact that they were allowed to walk free from the Durban Regional Court on Friday last week.
“The Sharks reserve the right of admission to our stadium.
“There is no clear indication that any one of the three men made any attempt to stop the fight. For that reason, they will not be welcome into our family environment at Kings Park,” said Chetty in her statement, issued in response to a query as to whether the three would be allowed to attend.
Sport24
The three, along with Shepard’s brother Blayne, each faced a charge of murder, three of assault with intent to do grievous bodily harm, one of crimen injuria, and one of public violence.
The charges were in connection with a brawl that led to the beating that killed Brett Williams on the night of March 23, 2013, after the Sharks beat the Melbourne Rebels in a Super Rugby match.
Following their arrest last year, one of the conditions of their bail had been that they were not allowed to attend any rugby matches at Kings Park.
However, last week the four men’s counsel applied for a discharge under section 174 of the Criminal Procedure Act, arguing that there was insufficient evidence against their clients and that the State had failed to prove who delivered the fatal blow.
Handing down his ruling, magistrate Trevor Levitt agreed that the State’s case against the four had been “hamstrung by the evidence given by the witnesses”.
He also believed that while the evidence was not present, Kyle Shepard had played a bigger role in the events that unravelled that night.
“I am uneasy about this decision. I come to the conclusion I have not heard the full story. I believe accused number two (Kyle Shepard) to have been more involved than what meets the eye,” he said.
All charges against the four men were discharged, with the exception of the murder charge that Blayne Shepard has to defend himself against.
Earlier on Wednesday, Blayne Shepard made a brief appearance in the Durban Regional Court.
The State closed its case against him last week and his advocate Christo van Schalkwyk told Levitt he would be calling two witnesses to give evidence when the trial resumed on December 8.
Van Schalkwyk said Shepard would be one of the witnesses to take the stand in a bid to clear his name.
One is tempted to ask how this banning will be policed, but looking at the attendance at Kings Park I don’t think it will be too difficult to pick them out from the small number of people who actually bother to pitch up on match day.
For those who do attend, they must rather hope that the ban includes the B field as well
Well done Sharks.They should be banned from all
stadia.
That is a sad ruling from the courts. They may not all be guilty of murder but most certainly a host of other offenses and they should throw the book at them..
Well done Sharks lets put a stop to this nonsense nationally once and for all.
Plaas die donners uitdraf en rugby speel, nou suip hulle liewer en hou hulle sterk by die braai op die B-veld…selfde gebeur elders ook, Kwagga en Cuzzy het amper twee van hulle doodgemoer by Grootte Schuur laerskool, Nuweland, toe ons klomp bloggers daar gebraai het. Ek moes net keer!
Demmit, another dropped catch by Tahir! He is flippin useless all round today, Proteas in the pickle here, will probably have to chase something like 290…
3 @ Stormersboy:
It’s not the Courts… it’s the State (Police & State Prosecutor).
A Section 174 Discharge happens AFTER the State has led all their evidence and witnesses… and the Defence asks for dismissal because the defendant(s) has nothing to answer to… in other words the State has not proved any case for the defence to answer to.
That is an indictment on the work that the investigating team did and / or the quality of the witnesses.
And now we might face being penalised for bowling the slowest 50 overs in history!
Proteas in trouble here at 300/8
@ grootblousmile:
Fokapie deesdae, polisie ondersoeke en staatsaanklaers besig om SA regstelsel te ondermyn, onbevoegde spul, lyk my…ek is bly ek is nie n magistraat wat dit moet sit en aanhoor nie, ek sou waarskynlik regsbeamptes toegesluit en aangeklaagde ontslaan het! Geen wonder daai magistraat in Delmas het aan die slaap geraak en van haar stoel afgeval nie…
@ grootblousmile:
State pathology service also falling apart, 3 year back-log on reports from state laboratory in Cape Town, according to Carte Blanche.
7 @ Pietman:
Ja Polisieondersoekwerk en die standaard van Staatsaanklaers is besig om seriaaaasly te drop…. vir ‘n laaang tyd al.
Wat moet die Landdroste en Regters maak… hulle moet dit wat voor hulle geplaas word beoordeel en meet aan die vereistes… en dan die Law toepas. Hulle kannie dinge uit die lug gryp of die Staat help om hulle saak te bewys nie, dit werk eenvoudig nie so nie.
8 @ Pietman:
Pathology is probably the worst of them all… backlogs ALL over!!
grootblousmile wrote:
Dis hoekom Tony Ngeni al 3 jaar gesuip in die Kaap rondloop, wag vir sy bloeduitslae…hulle sal moet gou speel of sy lewer pak op voor die saak voorkom!
Komaan Amla, moer hulle asseblief!
OK, uit Springs toe… die tille moet bly rol..
Gaan nie lank daar wees nie, het gister reeds 95% van die installasie gedoen, net afrond en faktuur los vir betaling…. hehehe
@ grootblousmile:
Sien jou by die rugby n slag, ek vandag los bietjie…
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