The police reservist accused of killing Hanover Park security guard Marlon Fuller was not meant to carry live ammunition, the court heard on Monday.
Constable Johan van der Merwe is said to be the one that pulled the trigger of the shotgun that killed Marlon on 5 December.
Independent Police Investigative Directorate (IPID) senior investigator Patrick Takai told the Athlone Magistrates’ Court that according to statements he got from Johan’s boss and colleagues, the reservist was only meant to carry an unloaded shotgun to “scare” people.
“It is still puzzling to us why an officer would carry a gun without bullets because what will happen when his life is in danger?
“We were told it was to scare the community,” Takai told the court.
Van der Merwe faces charges of murder, discharge of a firearm and the illegal possession of ammunition.
Takai explained that if Van der Merwe was issued with an unloaded weapon, it meant that the bullet used in the shotgun was illegal.
“According to the police records, there is no missing ammunition which would suggest that maybe he took it from the station.
“I was told that the suspect said he found two bullets inside the van they were riding in.”
Takai also revealed that Van der Merwe’s colleagues asked him why he had opened fire.
“According to statements we received from eyewitnesses, the accused’s colleagues questioned him why he shot (at Marlon).”
IPID is opposing bail in the case.
Around midnight on Saturday, 5 December, armed response officer Marlon, 38, had gone out to fetch his two teen daughters, who were at a party at the 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 granted R800 bail.
Outside court, Hanover Park residents were picketing and chanting “no bail, justice for Marlon”.
A petition with over 240 signatures was submitted to the court, but the accused’s lawyer argued that the community of Hanover Park never signs a petition when skollies are arrested for shooting innocent people but now that it’s a cop, there are petitions.
The lawyer also argued that the community’s version of events differed from that of his client’s colleagues.
He suggested that a shot was only fired after the officers were attacked by resident and widow Sharon Fuller was left furious by this, saying: “It’s after they shot Marlon that the mense retaliated. I do not like what the lawyer said. My children will be spending their first Christmas without their father. I am trying my best to be strong for them.”
Mary Claasen from the Moms Move for Justice organisation said: “Eight years ago in this court I handed a petition of over 500 people against bail for a gangster, how can he say that to the court?”
The case continues today.