Witness describes attack on city attorney

2013-05-21 00:00

WHILE Pietermaritzburg attorney Nasen Naicker sat on a couch in a Northdale home writing out a receipt in 2011 he was set upon by a bogus client who lashed at him with a bush knife.

One of the attacker’s sons thereafter assaulted the lawyer with a hockey stick and another struck out at him with a knife, the regional court in Pietermaritzburg was told yesterday.

This evidence was given by an eyewitness, Parmasivan “Denver” Vadivelu, at the attempted murder trial of Northdale father Govindsamy Moodley (48) and his three sons, Roland (26), Damien (18) and Darrol (22).

All four have pleaded not guilty to attacking Naicker at their Bangalore Road home on December 26, 2011.

Their attorney, Thembinkosi Luthuli, said the accused would allege instead that Naicker was the person who “harassed” and assaulted them on the day in question and refused to leave when asked to do so by Govindsamy Moodley.

Vadivelu disputed this. He described himself as a friend of the accused and said he was with Govindsamy Moodley and his sons, Damien and Darrol when they stopped at a local tote earlier that morning.

Govindsamy Moodley told someone at the tote that he was looking for a certain lawyer whose name had been recommended to help him handle his drunk driving case.

“He said he got caught drunk driving the previous night,” said Vadivelu.

While they were there, Naicker arrived and Govindsamy Moodley spoke to him about the matter.

Naicker told him that he needed a R2 000 deposit in order to appear in court for him.

Moodley took the attorney’s phone number and said he would arrange to get the money. They then left.

Vadivelu said when they got back to the accused’s house, Moodley’s other son, Roland was home.

He had a bandage round his head and was walking with a stick.

Roland told him that he’d been assaulted the previous night by Naicker, Vadivelu said.

He said that shortly after their arrival at the house he heard Govindsamy Moodley phone Naicker and tell him to come collect his money. Naicker arrived a few minutes later.

While Naicker was seated in the lounge busy writing a receipt for the deposit, Govindsamy left the room and came back armed with a bush knife with which he struck the attorney.

“Accused four [Darrol] also started assaulting him [Naicker] with a hockey stick,” said Vadivelu.

As Naicker tried to get away through the kitchen, Vadivelu saw Damien Moodley appear with the knife.

He struck at Naicker with the knife but Vadivelu did not see if he stabbed him or not.

“It all happened quite fast,” he said.

Vadivelu said he did not see Roland Moodley during the incident.

He said Naicker fled on foot leaving his sandals and receipt book in the house and his car on the street.

The case will continue on May 24.

• ingrido@witness.co.za

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