Assault accused points finger at ex’s sister

DURBAN 11-09-2012 Michael Padayachee after apearing in coart in Pheonix. Picture: S'bonelo Ngcobo

DURBAN 11-09-2012 Michael Padayachee after apearing in coart in Pheonix. Picture: S'bonelo Ngcobo

Published Sep 19, 2012

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Durban - A Phoenix man accused of assaulting his ex-girlfriend and leaving her for dead claims that the charges against him have been trumped up by her sister.

Testifying at his bail hearing in the Phoenix Magistrate’s Court on Tuesday, Michael Padayachee, from Grove End, said his relationship with his ex-girlfriend’s sister, Rossetta Harichand, was conflicted.

Padayachee, who was arrested last week by the SAPS Phoenix cluster task team, is facing a charge of attempted murder for allegedly severely beating Tina Mbili, the mother of his child, until she lost consciousness, and leaving her for dead in Woodview Park last month.

The 30-year-old fitter also claimed Harichand stabbed him and his friend in June, after she had tried to prevent him from seeing his daughter.

The court heard that Harichand opened a case of crimen injuria, intimidation and assault against Padayachee in June, for allegedly throwing his one-year-old daughter over a 4m wall. Mbili sought a protection order soon after.

Padayachee claims that he left the child on the wall of the house when an altercation between him and Harichand ensued, but picked her up soon after. The child sustained scratches from wires on the wall.

He said he was dropping off some things for his daughter when Harichand stabbed him twice, and then his friend.

Padayachee was meant to appear in court for that matter a few days before he was arrested.

He claims that Mbili has made up the assault claims out of fear of Harichand.

“I am innocent,” he said. “This case is fabricated. She told me her sister asked her to proceed with this.”

Padayachee said “there would be big conflict” if Harichand found out that the couple, who have been dating on and off for five years, were living together.

He said that on the morning of the alleged assault, he had dropped Mbili off at work. When he returned home that evening, she was not there.

“I was disappointed because I have heard rumours about her. We were on and off and I didn’t want to talk about it,” he said.

The next morning, Harichand called Padayachee’s mother to inform her that Mbili was in hospital, the court heard.

“My mom told her [Harichand] that Tina had been living with us. She said to my mother: ‘Tina must die. How can she live with me [Padayachee] when there was a case against me?’” he said.

Padayachee said that when he went to Mount Edgecombe Hospital that day to enquire about Mbili, a porter named Ernest, who had visited Mbili, said she had told him that she was assaulted by two men.

Padayachee said he did not see Mbili in hospital that day.

During cross-examination, Padayachee said he was at home from August 24 to 28 (after the alleged assault), and that no police officer had come looking for him.

The investigating officer, Warrant Officer Petros Mthembu, disputed this.

The State also alleges that in January, Padayachee assaulted Gordon Moodley, throwing him down a flight of stairs and striking him with a brick.

Padayachee has pleaded not guilty on both the charges.

The bail hearing is expected to continue on Thursday. - IOL

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