ACCUSED: Police reservist Johan van der Merwe in court
A Hanover Park teen has accused Philippi police of failing to assist slain dad Marlon Fuller after shooting him, the Wynberg Regional Court heard.
A 17-year-old witness, who may not be named, told the court about the fatal shooting – allegedly by police reservist Constable Johan van der Merwe – and claimed the cop’s colleague had hurt a young woman as he tried to obtain the bullet casing after a discharge.
Fuller died in December 2020 after Van der Merwe allegedly fired a shotgun into a crowd, hitting the 38-year-old father in the stomach.
The matter, investigated by the Independent Police Investigative Directorate, also led to the arrest of fellow reservist Constable Eugene Jones, who was charged with defeating the ends of justice, but the charges were later dropped.
Van der Merwe has been charged with murder and the illegal possession of ammunition. He has pleaded not guilty to both charges.
The teenage witness, who is also Fuller’s nephew, told the court that he was visiting his family in Cascade Court on the night of the shooting.
He claimed he was standing near his uncle who came to tell laaities in the court to go home. The teen said he got a skrik when he saw Van der Merwe jump off one of the police vans carrying a large gun, before he fired into the crowd.
According to Van der Merwe’s version of events, he fired a shot – not knowing it was a live round – into the crowd after they allegedly became hostile as cops tried to enforce lockdown regulations.
The teen, however, said this was not true, saying Van der Merwe fired first, then told them to lie down.
Under cross-examination, the boy insisted that the community wanted the police to take the injured Fuller to the hospital, but their alleged refusal caused the crowd to become upset and rowdy, and that is when officers used pepper spray.
“They didn’t want to take Uncle Marlon to the hospital probably because they knew they were in the wrong,” the teen said.
He added that he watched as Jones grabbed Miche Fuller by the arm after she had picked up the bullet casing, and that the cop twisted her arm to get the casing back before police left the scene.
Van der Merwe’s lawyer noted that the woman did not mention this to the court when she previously testified.
The trial continues.
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