A Gauteng racehorse owner on Tuesday denied deliberately pouring alcohol on President Jacob Zuma during the Durban July horse race last year.
“I did not intend spilling it. I did not deliberately aim at the president,” Daryl Peense told the Durban Magistrate’s Court.
The drink spilled from the balcony during pushing as people tried to get a better view of the final important race, he said. Peense, who faces an assault charge for the alleged act, told the court he was drunk at the time.
“It is a bizarre statement that I poured the drink on the president. I did not even know that he was there.”
He said he had approximately 12 beers and five whiskeys before he went to the balcony.
Magistrate Gugu Mphikeleli on Tuesday denied an application brought by Peense’s attorney, Jimmy House, to have the charge withdrawn. She did not give reasons for her decision.
During the application, House argued there was a need for Zuma to testify, arguing that the State had failed to produce prima facie evidence against Peense.
“It is important for the victim to explain why this is considered to be an assault,” House submitted. He told the court he found it strange that attempts were not made to ask the president if he felt the “harmless drink” spilt on him was an assault.
It seemed Zuma was totally unaware of the “activity which was described as an assault on him”.
“He (Zuma) made no complaint. I also don't understand why the bodyguards did not consider the act as an assault on them,” House said.
Presidential protection unit officer Constable Funani Edgar Nemaenzhe and Captain Bongumusa Maphumulo were with Zuma at the time. Both gave evidence at the beginning of the trial.
House said the State had failed to prove the liquid, which did not touch Zuma, was spilled intentionally.
State prosecutor Thami Ntuli said there was no need for Zuma to appear in court as he was not going to “assist the court any further”. He contended spilling the drink was not a mistake, but a deliberate act.
The trial will continue on May 12. -
Sapa