Van Willing and Another v The State

On 27 June 2012 Lance Harrison was shot multiple times at his residence in Steenberg, Cape Town, and later died of his injuries. Two men, Antonio van Willing (first appellant) and Fareez Mohamed (second appellant), were identified as having called the deceased from outside his home shortly before the shooting. Ms Erica Petersen, on whose property the deceased lived, identified both appellants at the scene and testified about statements made by the deceased immediately after the shooting implicating them, indicating that Fareez was the shooter. The deceased repeated this information to the first police officer on the scene, Constable Ndyamara. Both appellants were charged with murder; the second appellant was also charged with unlawful possession of a firearm and ammunition. They did not testify but presented alibi witnesses. The High Court convicted both appellants of murder and imposed life imprisonment, with additional sentences for the second appellant under the Firearms Control Act.

The appeal against both the convictions and the sentences of each appellant was dismissed.

The case is significant for its detailed application of section 3(1)(c) of the Law of Evidence Amendment Act in admitting hearsay statements by a deceased victim in criminal proceedings. It reaffirms principles relating to the assessment of single identifying witnesses, the doctrine of common purpose, and the consequences of an accused’s failure to testify where a prima facie case is established.