Father and sons jailed for attacking local lawyer with a bush knife

2014-11-10 00:00

A FATHER and his three sons are in jail pending sentencing in a case where they tried to kill a local lawyer by attacking him with a bush knife and other weapons.

Regional court magistrate Verushka Jamuna convicted Govindsamy Moodley (48) and his sons, Roland (26), Damien (18) and Darrol (22), of attempted murder arising from the incident at their Bangalore Road home on December 26, 2011.

The magistrate refused them bail pending sentencing on December 17.

A probation officer’s report is needed for Damien Moodley, who was 17 years old when the incident happened.

Jamuna said the four had lured Nasen Naicker to their house on the pretext that they wanted to hire him for a case, but their motive was to get revenge over an altercation the previous day involving Roland Moodley.

Jamuna said she wasn’t convinced that when they lured Naicker to the property, they’d intended to kill him.

However, during the ensuing assault and considering the weapons used, they must have foreseen he could be killed. Yet they continued attacking him.

Jamuna said Naicker gave exemplary evidence, and his version was corroborated by medical evidence and other witnesses.

Naicker testified he was “chopped” on his head, face and ear with a bush knife by Govindsamy Moodley and was stabbed in the chest with a knife by Damien Moodley. Darrol Moodley was armed with a stick and Roland Moodley with an iron bar.

Medical evidence confirmed that five serious injuries inflicted on Naicker were potentially fatal.

Naicker testified that if he hadn’t escaped he would have been killed. He managed to push past his assailants and fled for his life. In his haste, he had left behind his sandals, receipt book and car.

Jamuna rejected the version of the four accused that Naicker was the aggressor and Govindsamy Moodley’s evidence that the lawyer’s injuries could be the result of him being cut by a broken tumbler, and accidentally running into a butter knife.

Naicker said the assault was sparked by an incident on Christmas day when Roland Moodley alleged he’d assaulted him, which he denies.

Naicker said he “intervened” when Roland Moodley assaulted a minor.

This caused an altercation to which police were called. The next day, Naicker was at the tote when an acquaintance, Timothy Reddy, pointed out three of the accused and said they were looking for him. He said Govindsamy Moodley pretended he wanted to hire him to represent him in a drunk driving case.

It was arranged that he would go to Moodley’s house to obtain a R2 000 deposit. Soon after he arrived, there he was set upon by the four men.

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