Advocate Celeste Nameka leaves the Northern Cape High Court following an application to appeal the dismissal of bail of her father Clive Ferris. Picture: Sandi Kwon Hoo
THE STATE has rejected the proposal that murder accused Clive Ferris should be released on bail because he is an “old and frail 67-year-old man”.
Judgment on his application to appeal against the denial of bail was reserved in the Northern Cape High Court in Kimberley this week.
Ferris and his daughter, Advocate Dr Celeste Nameka, 43, are facing multiple charges, including murder, attempted murder, assault with intent to cause grievous bodily harm (GBH), unlawful possession and discharge of a firearm, and acting with common intent.
The charges stem from a shooting incident that occurred in Minerva Gardens on December 21, during which 56-year-old Charmaine Anthony was fatally shot. Her son, Lucan Anthony, sustained gunshot wounds to his leg and buttocks.
Prior to the pandemonium that unfolded, Nameka and her partner, Lucan, were reportedly involved in an argument, accusing each other of infidelity. Nameka also claimed she was the victim of an abusive relationship.
Ferris allegedly responded to frantic calls from his daughter, arriving at the scene shortly before the confrontation escalated. Witnesses claim Nameka repeatedly urged her father to “shoot them, Daddy, shoot them all” when Charmaine and her family members arrived.
Ferris’s legal representative, Advocate Joy Mongala, argued that the murder was not premeditated and that there was no common purpose.
“The charges were only classified as a Schedule 6 offence when Nameka was joined to the charges. In the absence of a common intent, the charges should be lowered to Schedule 5,” said Mongala.
He further contended that since Nameka was granted bail on January 17 under the same charges, Ferris was entitled to the same judicial treatment.
“What is good for the goose is good for the gander. The magistrate overemphasised the charges as being serious and overlooked Ferris’s personal circumstances. No one contested the fact that he is a frail, old man.”
Mongala added that any accused person over the age of 65 should automatically qualify for a more lenient sentence.
He highlighted that Ferris had rushed to assist his daughter, who was in a “hysterical” state when she called him.
“Emotions ran high and eventually a life was lost and one person was injured. Ferris was also injured where he suffered a dislocated shoulder and a fractured skull during the incident. It will be difficult for the State to prove intent.”
Mongala maintained that his client would not evade his trial and would not influence or intimidate any witnesses, endanger the safety of the public or undermine the administration of the criminal justice system, should he be released.
“There is no evidence of any public outrage. He has immovable property and has strong ties in Kimberley.”
He also argued that Ferris was prejudiced when the magistrate, despite recusing herself, continued presiding over aspects of his case.
Mongala pointed out that while he was under no obligation, Ferris should be commended for placing himself on the scene, without establishing an alibi.
State advocate Mary-Ann Engelbrecht reminded the court to focus on the “seriousness, gravity and horror” of the alleged offence, as well as the manner in which Ferris conducted himself.
“If convicted, he will most likely receive a lengthy sentence. The investigating officer testified how the alleged '67-year-old frail and old man’ assaulted persons, fired multiple shots and chased people during the incident.
“He utilised a firearm with an expired licence which amounts to unlawful possession. He is also facing serious charges including murder and two charges of attempted murder.”
She pointed out that the charges were already categorised as a Schedule 6 offence before Nameka was added as a co-accused.
“The advanced age of the appellant, his ill-treatment at the hands of the police, that he is the father of an adult child and owns fixed property, do not amount to exceptional circumstances.”
Engelbrecht noted that a postponement that was granted by the same magistrate who had recused herself, was to enable Ferris to secure legal representation.
Judge Mpho Mamosebo pointed out that the personal circumstances of each accused person was different and questioned why the affidavit that was handed in by the defence, was neither signed nor commissioned.