Road rage was 'self-defence'

2003-09-08 20:06

Cape Town - The Cape Town Regional Court on Monday heard closing arguments in the road rage case in which motorist Alberto Saunders allegely attacked two of his close friends with a baseball bat, causing them severe injuries.

Saunders, 22, has pleaded not guilty before magistrate Edmund Patterson, to two counts of attempted murder, relating to the injuries suffered by Mark Combrink and Marc Walden.

The incident happened in Table View in the early hours of Saturday, February 2, 2002, while Combrink and Walden were on their way home from a night out.

Combrink, who was driving, said he first noticed Saunders at a stop sign, where Saunders had started "tailing" him.

He said he tapped his brakes to warn Saunders to back off, and Saunders then flashed his lights, overtook Combrink and then slammed on brakes, causing Combrink to skid to a halt.

Saunders then allegedly punched Combrink in the face through the open driver's window of his car, before fetching a baseball bat, which he first used to jab into Combrink's right eye.

When Combrink got out of the car, Saunders attacked him with the bat until he fell to the ground while Walden, who tried to intervene, was beaten unconscious with the bat.

However Saunders said he confronted Combrink because of his manner of driving, and punched him because of Combrink's attitude.

Saunders claimed he acted in self defence.

He said he only fetched the baseball bat from his car - to put Combrink and Walden "out of action" - after Combrink had said something about a firearm.

Prosecutor Megan Blows asked the court to reject the self-defence argument, and defence counsel Andre Botha conceded that Saunders had exceeded the limitations of self-defence.

Botha said Saunders had mistakenly believed he was acting in self-defence, and that he had the protection of the law in the circumstances.

At worst, Saunders was guilty of assault with intent to inflict grievous bodily harm, but not of attempted murder, Botha said.

Judgment is to be delivered on October 8.

- SAPA