Worker victorious in assault case

2010-04-30 00:00

HIGH court appeal judges have confirmed the convictions of two senior managers of Value Logistics in Durban arising from a 2008 assault on an employee, who was told he had failed a poly­graph test.

The victim, Thamsanqa Msabala, testified at the trial in Amanzimtoti that he had been questioned by his employers about an armed robbery in which valuable goods were stolen.

He told them he knew nothing about the matter, but was later told that he had failed a polygraph test.

He was stripped and body-searched before being blindfolded with a cloth and assaulted.

Msabala said he was kicked and punched and his left leg was tramped on during the assault.

After the assault, he was told to go back to work. At the time he worked in a warehouse and was involved in loading goods. He was never charged with the theft, and he later heard that suspects had been arrested in connection with the matter.

Acting Judge Barry Skinner with Judge Gregory Kruger found the evidence presented by the state against David Healey (48) of Westville and Isaac Makhathini (43) of Midrand, who held senior positions at Value Logistics, to be “compelling”.

Msabala’s testimony was corroborated by state witness Bongani Mjadu, who was present during the assault. The accused maintained that they were innocent, but their defence amounted to a bare denial, the court found.

They were each sentenced to pay a sum of R1 000 to Msabala. They did not appeal against the sentence.

 

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