The State prosecutor has asked the Athlone Magistrates’ Court to think about Marlon Fuller’s family, as it considers whether or not to give bail to Constable Johan van der Merwe, the police officer accused of killing him.
“It has always been about the accused and why he should be granted bail, but what about the victim’s family that has been left without a father?” asked the prosecutor.
Independent Police Investigative Directorate (Ipid) senior investigator Patrick Takai told the court that if Constable Van der Merwe is granted bail, it would cause public disorder.
“The incident angered the community of Hanover Park, and it would cause public disorder if the accused is to be granted bail,” said Takai.
“They are already protesting outside the court, calling for the suspect to not be given bail,” added Takai.
Van der Merwe faces charges of murder, discharging a firearm, and the illegal possession of ammunition.
Around midnight on Saturday, December 5, armed response officer Marlon, 38, had gone out to fetch his two teen daughters, who were at a party at a playground at Cascade Court.
At that moment, cops arrived and ordered residents to lie on the ground.
It is still not clear what led to shots being fired, but Marlon was hit.
Last week co-accused Constable Eugene Jones was charged with defeating the ends of justice and was granted R800 bail.
The court had heard that Van der Merwe was issued with an unloaded shotgun to “scare” residents.
Takai said: “I was told that the suspect said he found two bullets inside the van they were riding in.”
Widow Sharon Fuller, who turned 39 on Tuesday, said it was a hartseer dag.
“ Marlon always bought me gifts on my birthday and would take me out. Today I feel so lonely and I am attending this court case. It is not easy.”
The matter was postponed to Thursday for judgment on the bail application.