Although Stoltz has no pending cases against him or previous convictions, this is not the first time he has faced similar charges
A 45-YEAR-old man accused of shooting and injuring a suspected robber in the CBD on Monday, will have to spend another night in custody after Kimberley Magistrate Celeste Nameka postponed judgment in his bail application.
Charl Stoltz, from Van der Kloof, is facing a preliminary charge of attempted murder after shooting the man who apparently attempted to steal his wife’s cellphone out of his Hyandai Tucson while they were waiting outside the Department of Home Affairs in New Main Road at about 11.30am on Monday morning.
According to the investigating officer, Warrant Officer Jacobus Johannes Markgraaff, it is believed that Stoltz, while sitting in his car, heard something at the back of the vehicle. When he turned around, he saw that an unknown man had ducked down at the back of the vehicle and another man was busy hitting the passenger-side window. The unknown man then gained access to the vehicle and stole Stoltz wife’s cellphone that was lying on the passenger seat.
“It is believed that Stoltz then got out of the vehicle while the one unknown person ran away. The other unknown person, who is believed to have stolen the cellphone, started to run away. It is believed that Stoltz then drew his weapon, a Browning 9mm, and fired a warning shot before shooting the unknown man in the back,” Markgraaff said.
Although Stoltz has no pending cases against him or previous convictions, this is not the first time he has faced similar charges.
According to Markgraaff, in 1992 he faced charges after threatening a police officer to use deadly force to cause grievous bodily harm. In 1993 he faced crimen injuria charges. In 1994 he was charged with discharging a firearm in a municipal area and in 1995 he faced charges of negligent handling of a firearm.
During the reading out of Stoltz’ affidavit, his defence representative, Riana Gagiano, said that the 45-year-old was the sole breadwinner for his family. “His wife is unemployed and he has two children aged 16 and 10 years old. He is employed full time at an online company on the farm Nooitgedacht in the Van der Kloof area, where he also resides. He earns approximately R10 000 a month,” she said.
Gagiano went on to say that although Stoltz was a reasonably healthy person, he was dependent on blood pressure medication to treat his high blood pressure. “Since his incarceration, he has not had access to this medication as it is all at his residence in Van der Kloof.”
She also indicated that he planned to plead not guilty to the attempted murder charge.
During yesterday’s hearing, Nameka expressed her dissatisfaction with the investigating officer’s testimony.
“You knew you were coming to a bail hearing today, yet you are not prepared. When I asked whether you had confirmed the address of the accused you told me that you spoke to the wife of the accused. Is this the manner in which the police confirms addresses?
“I also asked about the condition of the person who was shot. You tell me he is in a stable condition, but have you physically verified whether this is in fact the case? Your credibility as a witness is not very impressive,” she said.
Nameka then stood the case down for Markgraaff to confirm the information required.
When court resumed, Markgraaff confirmed that he had spoken to a Sister Joseph who said that it is believed that the injured man might be paralysed. “She told me that he is complaining of not having any sensation in his legs and he may not walk again. He is also bleeding through his kidneys. The bullet is still lodged in his back,” Markgraaff said.
Markgraaff then told Nameka that although he had not contacted the police in Van der Kloof, Stoltz’ employer was present in court and also provided confirmation of his address.
While Gagiano indicated that Stoltz could afford R1 000 bail, the State, which did not oppose bail, asked for R2 000 and for Stoltz to report to the Van der Kloof police station on a weekly basis.
Nameka will announce her decision on the granting of bail today.