DAY 1
The Mulbarton restaurant shooting trial, in which Daniel Rowland stands accused of murder and possession of drugs, started on February 12.
Rowland pleaded not guilty to both charges at the Booysens Magistrate’s Court.
Before the proceedings continued, Magistrate Habib wanted to know how many witnesses would be called because, on August 14 last year, she warned only eight witnesses to come to court.
Prosecutor Mashobane said there are 23 witnesses.
First on the stand
The first witness to take the stand was Johannes Groenewald. He said on the day (July 30, 2021,) he was at Il Camino Italian Restaurant with his wife, Tracey, and a friend of hers, Carla van der Walt. He also described the seating in the restaurant.
“There were other customers in the restaurant. Rowland was also there, seated at the far side of the balcony. At his table, there were about six to eight people, which included Daniel Schwartz, Grant and others.
“We heard a commotion at that table and saw Schwartz grab Rowland and push him towards the wall. The commotion was between Rowland and his girlfriend, Storm. I stood up to see what was happening, and then my son, Trent, came out to sort it.
“Trent escorted Rowland out of the restaurant and told him to leave. Rowland was out, and you could see from outside into the restaurant as there are glass doors. I went to that table, and my back was towards Rowland to block his view from his girlfriend so that I could diffuse the commotion. Rowland went further down the parking lot and was shouting and screaming at his girlfriend,” he said.
At this point, Groenewald said Rowland was at about 3m from him. He mentioned that his wife, Tracey, walked in Rowland’s direction, and it wasn’t long before a shot went off behind him.
“Rowland’s girlfriend and Schwartz went down to take cover. Tracey came running towards the restaurant, and Rowland ran towards the parking lot. Two patrons tackled him on his way towards the car before they were all down. One of them was lying down unconscious, the other held Rowland, and I came in to wrestle away the firearm.
“I grabbed his arm as it was pointing the forearm up. At that moment, my son arrived and helped me restrain Rowland and took the firearm out of his hand. Once I got his firearm, I searched him to make sure he did not have another one. I found a steel tin in his pocket, and once I opened it, there was a small plastic bag with white powder inside. He had blood on his face.
At this stage, Fox Security arrived at the scene. Groenewald said Rowland was aggressive when being handcuffed. They took him to the palisade fence, used a second set and handcuffed him to the palisade.
“Inside the restaurant, there was screaming. A woman was shot and another lady was grazed by the bullet. She was seated in the restaurant and was shot in the bar area.
“Police arrived, and I gave the firearm to the security, and they gave it to the police. The lady was shot in the back where she was seated. When I went back to the restaurant, she was lying on the floor. The shot went through the glass doors of the restaurant. The door panel was broken due to the shot. The paramedics stabilised her and took her away.”
Cross-examination
Rowland’s defence, Mrs van Heerden, started her cross-examination. She said she noticed that Groenewald made two statements, one to the police on the scene and the other to a former policeman who is his friend. Groenewald confirmed making two statements and said the reason was that should something happen to the other, he has another one.
“In your statement to the police, why didn’t you tell the police the names of people sitting on Rowland’s table? And why didn’t you mention his name on the statement?” Van Heerden asked.
Magistrate Habib allowed Groenewald to read the statement and find any discrepancies.
ALSO READ: Woman shot in Mulbarton restaurant dies
When he read it, he found five – that he was the owner of the restaurant; there was a couple sitting at the corner; a boyfriend slapped the lady; two customers tackling Rowland took the gun from him; and they found drugs in his pocket.
Van Heerden asked Groenewald why he didn’t tell the officer there were these discrepancies, and poked more holes into Groenewald’s statement.
She also asked why the second statement was made nine months after the incident (April 2022). She established that Groenewald’s version was incorrect and said his wife and son changed the statement, and there are huge discrepancies. She also pointed out that Tracey (Groenwald’s wife) also made the statement on August 25, 2021, to the former policeman.
Next on the witness stand
The second witness, Daniel Schwartz, took the stand. He told the court he was at the restaurant with his daughter. He saw Rowland fire the gun. It hit one lady in the arm and the other in her back.
“While sitting with my daughter, Rowland drove in in a black Mercedes and pulled into the parking lot. He passed us and fired a shot in the air. The restaurant owner, Trent, came out to find out what was happening. Rowland and his girlfriend came into the restaurant and sat at our table. Then went to a parking lot and started arguing. The girlfriend came back, and he followed her, grabbed her by her hand and asked, ‘Where is the box?’ She said she didn’t know about the box. He then slapped her in the face twice.
“I jumped up and pushed him against the wall. Trent came and grabbed the accused and escorted him to his car. Then Groenewald came to our table to see what the commotion was about as the girlfriend was in tears.
“Tracey came to calm down Rowland. He then lifted his hand and fired a shot. It went between me and his girlfriend. I could see him as I was not obstructed. I then grabbed my daughter to see if she hadn’t been shot and also the girlfriend. Another lady also came to make sure we were fine. We then sat in the corner for safety.
“There was a scuffle outside. I didn’t know what was happening. I picked up my daughter and went to the end of the balcony. There was screaming in the restaurant, and I saw the lady who was shot lying down,” explained Schwartz.
Van Heerden began her cross-examination. When she asked Schwartz why he didn’t give his statement to the police, he said they weren’t interested and were giving him issues. He then went to give the statement to the former policeman. He said the former policeman called him to find out how he was with his daughter after the shooting. It was then that they arranged for him to make the statement on September 3, 2021.
Magistrate Habib said the statement was not commissioned and needed to be fixed. The court adjourned to remedy the situation.
ALSO READ: Mulbarton restaurant shooting case set for trial in February
