Update

SEDGEFIELD NEWS - Dramatic events that included accusations of a community conducting a "witch hunt" unfolded in the Knysna Magistrate's Court last week during the bail application of Sean Kelly.

Kelly, charged with the murder of Noreen Hampson, admitted in open court to killing her but argued it wasn't murder as it was not premeditated, during his bail application on Thursday 14 February.

Hampson (67) was killed outside her house in Marigold Street, Sedgefield on Saturday 2 February. The weapon used to kill her is believed to have been a hammer. Stopping just short of accusing Sedgefield of being steeped in evil, Kelly blamed much of his woes on the town and its people.

Conducting his own defence, Kelly admitted to only two of many charges against him – murder and resisting arrest.

Numerous other charges
The 50-year-old is also facing charges of assault, resisting arrest, and malicious damage to property.

On the one hand, he admitted to killing Hampson. On the other, he said: "I'm innocent until proven guilty. Until such time you have an innocent man behind bars." Although it has not been proven, a hammer is suspected of having been the murder weapon. Accordingly, the community has begun to refer to Kelly as an alleged 'hammer killer.'

He said he intends to plead not guilty and delivered a lengthy address under oath, at times riddled with seeming incoherencies. While detailing his reasons for bail, Kelly said he wants to make sure his house is safe because the front door and a window are broken; sort out money being held up in America and at OR Tambo Airport; have access to his emails; and he wants to take care of his dog and cat. Upon mentioning the latter he broke down in tears. 

The man, who said he has no relationship with his mother, told the court he was angry over a letter he received from Sedgefield Animal Matters asking him to relinquish his dog because, he said, he would rather leave the animal with someone he approves of.

'I'm going to turn the other cheek'
Regardless of his intended plea of innocence, Kelly turned towards the galley to declare that he intends to face the music. "I'm not going to run. My plan at this point is to not engage with people and if they disrespect me, I'm going to turn the other cheek."

The accused handed in his passport, proferring that he is not a flight risk, and that because his money is still not sorted out, he would ask his brother in Australia to post bail for him, should it be granted.

Opposing bail, state prosecutor Zukile Mqolo called investigating officer, detective Sergeant Vusumzi Xokozela, who related how, on 2 February at around 18:00, a neighbour heard Kelly shouting and went outside to inspect. According to the detective, the neighbour saw Kelly running to Hampson's house where, it was testified, he started hitting Hampson who was standing on a ladder. The neighbour immediately called the police and neighbourhood watch but, according to Xokozela's testimony, Kelly kept chasing them away with a hammer.

'Accused is a flight risk'
Xokozela said emergency vehicles also arrived to assist Hampson, but Kelly chased them away. When the police arrived on the scene, they had to fire rubber bullets in order to arrest him, it was testified.

The sergeant's reasons for opposing bail included the gravity of the alleged offence; the fact that he considers Kelly to be a flight risk because he has so many international connections; and the sergeant described him as a violent person.

Citing examples, Xokozela stated under oath that he is aware of numerous reports of Kelly insulting and threatening people in Sedgefield and beyond prior to this incident – including members of his own family. Kelly was also accused in the testimony of having attempted to run over his uncle and aunt with a car in Cape Town.

According to Xokozela, all the witnesses of the murder on Hampson are neighbours who Kelly also threatened to kill. "He damaged a fence, threw a hammer through one of their windows and said they must watch out, they are next."

'People like to embellish the truth'
The broken window and door that Kelly spoke about, he broke himself, Xokozela said. "I spoke with his cousin in Bloemfontein who said she was threatened numerous times by Kelly, and his brother who is in Australia, upon hearing that he was in custody for murder, told me that Kelly is a violent person and should be kept in custody."

During cross-examination Kelly told the court that all the allegations concerning the Cape Town incident involving his aunt and uncle were lies and that people like to embellish the truth. All he wanted was his dog's bowl back. Responding to his brother's comment on him being better off behind bars, Kelly expressed disappointment and said he had hoped that if there was anyone who would have his back (to post bail), then it would be his brother.

On the assault charges, Kelly said he acted in self-defence, that the complainants attacked him first and that he intends to open an attempted murder case because one of the complainants threatened to kill him.

'They were violating my privacy'
He referenced an incident when his neighbours were looking at him while he was busy gardening and said he felt they were violating his privacy. He also said he had witnessed black and coloured families prostituting their children to white people in the area.

During submissions, Kelly reaffirmed that his application for bail would be "in the best interests of justice'' and that, if granted, he intends to "be very quiet and go through my trial, results are results".

Kelly then admitted that he killed Hampson. "I admit right now before this court that I did kill Noreen. I don't know her surname whatever but it wasn't murder – there was no premeditation whatsoever… I have nothing further to say except please grant me bail."

'The case against you is strong'
To this admission, magistrate Zukiswa Hans responded, "You have just told the court you have killed the deceased, so now the court knows the death of the deceased was caused by you. The case against you is strong. If the state proves premeditation, if found guilty then you stand to get life imprisonment if not you're looking at a minimum of 15 years' sentence."

Hans said the evidence is overwhelming, and that if bail was granted, the interests of justice would be jeopardised in a serious manner based upon Kelly's own and the State's evidence.

Considering the disturbance of public peace – another factor of the bail application process – Hans made mention of a petition handed in by the investigating officer. She said the court would be ''oblivious to ignore the petition'' and the people who attended Kelly's court appearance.

'Implicit degree of violence'
"Whether those people connived or not, there are people against your release," she said, before pointing out that the attendance at court spoke about the public outcry, that peace has been disturbed whether he is guilty or not.

According to Hans the court also needed to consider if there was an implicit degree of violence towards others. In this case "that box is ticked because it is murder and a violent murder," she said.

She read some of Kelly's charges such as assault with intent to cause grievous bodily harm (when he allegedly assaulted one of his neighbours with a hammer), malicious damage to property (when he allegedly broke windows of an Opel Corsa and a Nissan), resisting arrest (described as an ''act of violence and disposition of the accused'') and assault (when he allegedly threatened to kill one of the complainants).

"In all those are charges, allegations against you, there is an element of violence," Hans said, adding that it was "evident that Kelly harbours resentment against the Sedgefield community".

Bail for Kelly was denied and his next appearance is on 29 March.