Minerva Gardens murder accused ‘rescued daughter from mortal danger’

THE NORTHERN Cape High Court is satisfied that murder accused Clive Ferris, 67, responded to his daughter, Advocate Celeste Nameka’s hysterical pleas to save her from “mortal danger” prior to a fatal shooting that took place at Minerva Gardens, Kimberley, on December 21.

Charmaine Anthony, 56, died after sustaining a gunshot wound during the incident. Her son, Lucan Anthony, who was in a relationship with Nameka, was also shot and injured.

Ferris, who advised the court that he was a “frail, 67-year-old man”, was granted bail of R10,000.

He was previously denied bail in the Kimberley Magistrate’s Court, as the magistrate was not convinced of any exceptional circumstances to justify his release from custody.

Magistrate Khumalo had, however, granted bail of R5,500 to Nameka after her January 8 arrest as a co-accused.

Both accused face multiple charges, including murder, attempted murder, assault with intent to cause grievous bodily harm, possession of a firearm without a valid licence, permit, or authorisation, and unlawfully discharging a firearm in a built-up area or public place.

Ferris’s legal representative, Advocate Joy Mongala, maintained that the State had an “ulterior motive” in formulating the charges against Nameka to introduce an element of common purpose, which he believed lacked substance.

State Advocate Mary-Ann Engelbrecht indicated that there was “nothing frail” about Ferris when he allegedly chased witnesses while brandishing a gun.

“He assaulted the complainant (Lucan) with his fists, chased people and witnesses around while wielding his unlicensed firearm and fired several shots, one of which killed the deceased,” she stated.

Delivering judgment on February 7, Acting Deputy Judge President Mpho Mamosebo described Ferris as “not a spring chicken but an ageing man.”

She acknowledged that at the age of 67, Ferris was “somewhat discomforted” by the shoulder and head injury sustained during the fracas.

“That he, perhaps, called it upon himself is neither here nor there. ‘Frail’ is not his apt characterisation,” she remarked.

Mamosebo dismissed as “fallacious” the defence’s attack on the judiciary, where it claimed that the accused was prejudiced when the same magistrate who recused herself had presided over his case in order to postpone the matter.

She was satisfied that Ferris did not “initiate the trouble” when he responded to his daughter’s distress call.

“He was summoned to the scene by his daughter (Accused 2), who was seemingly in distress and created the impression that she was in mortal danger. The firearm that was ostensibly used in perpetrating the alleged offences and intimidation of some observers was indisputably acquired lawfully and licensed until 2016, when the licence was not renewed.”

She pointed out that the firearm would not pose a further risk as it had been confiscated.

“It may not be returned to him as it will serve as an exhibit until the case is disposed of, if at all. In any event, if convicted, he will be declared unfit to possess a firearm. There was no suggestion that he has other firearms.”

Mamosebo added that Ferris did not have any previous convictions or pending cases. “There is, therefore, no history that he is possessed of a violent disposition.”

She stated that Ferris was made aware that he would forfeit his bail if he interfered with any State witnesses or contravened his bail conditions.

“Detention will also hamper his unimpeded proposed medical treatment,” she added.

Mamosebo noted that the medical records confirmed that Ferris sustained a dislocated shoulder, multiple bruises and a laceration on the skull during the incident, which, according to the doctor, were not life-threatening.

She indicated that Nameka was released on bail of R5,000 with similar bail conditions, including no direct or indirect contact with state witnesses, no intimidation of witnesses, and no interference with the investigation.

“For the foregoing reasons, I am satisfied that the magistrate misdirected himself and that it is in the interests of justice that Ferris be granted bail,” said Mamosebo.

Both accused are expected to re-appear in the Kimberley Magistrate’s Court on February 18.