Plaintiff was the aggressor, say accused four

2013-10-09 00:00

THREE brothers standing trial with their father for the attempted murder of Pietermaritzburg attorney Nasen Naicker in 2011, have painted Naicker as the aggressor in the case.

Pietermaritzburg father Govindsamy Moodley (48) and his three sons, Roland (26), Damien (19) and Darrol (22), have denied allegations that they set a trap for Naicker, lured him to their home and then set upon him with a bush knife and other weapons on December 26, 2011.

Naicker, in his earlier testimony, described being “chopped” on his head, face and ear with a bush knife by Moodley and being stabbed in his chest with a knife by Damien. He said all four accused tried to stop him escaping. Darrol had been armed with a stick and Roland with an iron bar.

According to medical evidence, the stab wound in Naicker’s chest was deep and could have killed him. Naicker said he fled for his life from the Moodleys, leaving behind his sandals, receipt book and motor car in his desperation.

He said he believed their motive was a belief he had assaulted Roland the night before the incident, which he denies. But Roland and Damien yesterday dismissed Naicker’s allegations as “lies”.

Roland, in his evidence, alleged that Naicker assaulted him with a hockey stick the previous night to the extent that he “couldn’t walk at all”.

The assault followed an altercation at a neighbouring property in which Roland said he wasn’t involved. He alleged that later Naicker pushed past paramedics and pointed a firearm at him.

Asked by prosecutor Malibongwe Mazibuko why an attorney would behave in that way in front of witnesses, Roland replied: “Mr Naicker is a very arrogant person”.

Mazibuko further suggested to Roland in cross-examination that hospital records indicated that he was in fact “stable and walking” after the incident, gainsaying his testimony that he could not walk.

The prosecutor said the medical report indicated that Roland suffered only a “minor laceration” to his head and “swelling” of his leg. Roland replied that he could “walk slowly”, but had to be assisted.

Damien told the court that the truth was that Naicker was the person who had assaulted his father and tried to assault him during the incident on December 26, not the other way around.

He said he was present when his father approached Naicker at a local tote in order to “find out what had happened the night before” when Roland was assaulted. He said Naicker had said the tote wasn’t the place to discuss the matter and suggested he come to their home to “sort the problem out”.

Damien said when Naicker arrived he was preparing food in the kitchen.

Naicker walked past him and went straight to the lounge where his father was together with a visitor, Denver Vadivelu, who had testified for the state.

Damien said when he heard “vulgar language” and shouting he went to the lounge and saw Naicker assaulting his father, while Vadivelu was assaulting Naicker.

“At that moment I had a butter knife in my hand … I went to try and separate them. Mr Naicker turned around to assault me and so I picked up my hand to block him and the knife went onto him,” he said.

He denied either of his brothers was present, and said he saw no weapons in anyone’s possession.

Mazibuko suggested that the medical evidence showed that the knife wound to Naicker’s chest was caused by a sharp instrument that wasn’t consistent with a “blunt” butter knife.

He also questioned how it came about that Naicker suffered five “serious” injuries while none of the accused sustained injuries.

The case is proceeding today.

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