Moodley denies ‘chopping’ attorney Naicker with a bush knife

2013-10-10 00:00

A PIETERMARITZBURG father on trial with his three sons on a charge of attempting to murder local attorney Nasen Naicker, denied yesterday that he “chopped” the attorney with a bush knife after luring him to his house on a pretext in 2011.

“There was never a bush knife,” Govindsamy Moodley (48) told regional court magistrate Verushka Jamuna.

He claimed in his evidence that Naicker had started swearing at him and assaulted him first on the day in question by hitting him on his shoulder and causing him to fall backwards into his seat.

Moodley said he then also “became aggressive”, swore back and struck Naicker’s face with a glass tumbler.

Moodley said state witness Denver Vadivelu, who was the only other person in the room, had also hit Naicker from the back with his beer glass.

He said Naicker could have been cut by broken glass, and could have “run onto” a butter knife in his son Damien’s hand whilst trying to flee from the house.

He said he never saw a knife or any other weapons, but Damien testified that Naicker could have been injured unintentionally with the butter knife.

According to Moodley, his sons — Roland (26), Damien (19) and Darrol (22) — were not involved in any altercation with Naicker on that day.

He said the argument between him and Naicker started when he began to question Naicker about why he had allegedly assaulted his son Roland and reportedly fired a shot at him the previous night.

Moodley said Naicker was not telling the truth when he alleged that he had been lured to the house on the pretext that Moodley wanted to hire him to assist him with a drunk driving case.

“I never had a drunk driving case,” Moodley told the court yesterday.

In his evidence, Naicker said he believed Moodley and his sons set a trap for him because they believed he had assaulted Roland the previous night, which he denied.

He said Govindsamy approached him at a local tote and said he needed help with a drunk driving case. Naicker told him that he’d have to pay a deposit and gave him his phone number.

He alleged Moodley called him an hour later to say he had the money but had no transport and asked Naicker to collect it at his house.

Naicker said while he was writing a receipt for the money, he felt a “thud” on his head, and when he put up his hand he felt blood.

He said he looked around to see Govindsamy attacking him with a bush knife. Moodley struck him two more times, “chopping” him on his ear and across his face, as well as below his eye.

As Naicker tried to flee, he claimed he was “blocked” by all four accused. Damien then allegedly stabbed him in his chest with a knife. Naicker said Darrol Moodley had a stick and Roland Moodley an iron bar.

In his evidence yesterday, Darrol said he was not even in the house when the altercation occurred. The case has been adjourned to December 9.

• The Witness was unable to use a photo of Damien as he made a lewd gesture to the photographer as his picture was taken.

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