SA: Elderly Zim man shoots neighbour dead in row over loud music; pleads self-defence

By Benoni City Times

Evan Swanson, the 73-year-old man accused of shooting and killing his neighbour, Herculaas du Toit (37), intends to plead not guilty to the murder charge against him.

“I am willing to admit that I shot the deceased, who attacked and severely assaulted me without any valid reason. I will plead that I acted in self-defence when I shot the deceased,” the Boksburg Magistrate’s Court heard via a statement read on his behalf and in support of Swanson’s formal bail application on September 4.

Again wearing a Springbok jacket, Swanson entered the court, escorted by authorities and with the aid of a walking frame.

The court postponed the matter to October 23 for further investigation.

According to a statement from the investigating officer, also read in court, Swanson left his residence on August 18 at about 19:00 to speak to his neighbour about loud music.

An altercation that became physical ensued between the two and Swanson was injured.
He then went to his house to obtain a firearm, returned and shot Du Toit. Swanson then returned home, leaving Du Toit on the ground in front of his (Swanson’s) house. Du Toit was declared dead on the scene from two bullet wounds.

The State opposed Swanson’s bail application, stating it was a problem that Swanson lived close to Du Toit’s house and witnesses.

Swanson agreed, however, to live with his daughter.

The State also argued the community was aware of the incident and might not be happy if he was released.

A copy of an article about the incident in the Boksburg Advertiser, including comments from Facebook readers, was handed into the court.

According to the State, Swanson was unprovoked by Du Toit and premeditatedly shot his neighbour and left him on the ground for dead.

Injuries
Swanson sustained open wounds to his head and a wound above his eye. He also had injuries to his hand, which he said he sustained when Du Toit either stepped on or jumped on it. His middle and lower back and left knee were also injured.

Furthermore, he highlighted he was of an advanced age and suffered from high blood pressure.

Swanson confirmed he was taken to hospital after his arrest and treated by a medical practitioner.

Previous conviction
In his statement, Swanson said he had a previous conviction against him but did not know the exact name of the offence as it was for a contravention of the Customs Act.

It formed part of an allegation that he was dealing in illicit cigarettes. He pleaded guilty to the transgression after other charges against him were withdrawn. He could not recall the exact date of the conviction but received a fine of R50 000.

Background
Swanson was born in Chinhoyi, Zimbabwe, and grew up in Groot Marico, where he attended primary school. He attended Malvern High School and passed Standard Eight in 1965, which is his highest academic qualification.

Swanson married his wife and they have three children. Swanson also has seven grandchildren.

However, their son was killed in a motor vehicle accident about four years ago. One of his daughters lives in Cape Town.

He had been living in the house in Impala Park for 23 years and often travelled to Zimbabwe, where he is involved in a business venture with three partners. They are in the process of attempting to sell a mine.

They are the brokers in the sale and hope to generate money in this manner. Due to his age, he is not otherwise employed.