Pretoria -
Security giant ADT Security is liable for the damages suffered by former Sappi chief executive Eugene van As after robbers broke into his luxury Hyde Park home while his security system was faulty.
Van As claimed R1.7 million from ADT in the High Court in Pretoria, saying the company was in breach of an oral contract.
ADT had agreed to do repair work to his security system, he said, but a few hours after the technician left his premises after “completing” the work, he and his wife were overpowered by armed robbers.
This was on the eve of the couple leaving for a holiday in Antarctica, which then had to be cancelled.
Apart from the robbers stealing items worth R1.1m from their home, the couple also lost R265 342 they had paid for the trip. Van As was also badly injured during the attack.
Three armed robbers entered the kitchen while the couple were having dinner and held them up at gunpoint. Van As told wondered why the alarm did not go off as it had been switched on and the control panel inside the house indicated it was on.
He found out the next day that the system was not working along the northern perimeter wall of his property, the place most likely used by the intruders to gain entry.
Van As said an ADT technician was repairing the system on January 26, 2012 – the day of the robbery. Unbeknown to him, the system did not work when they left.
ADT said Van As knew its security services were a mere deterrent and not a guarantee of safety against damage of any nature.
The robbery was not due to its fault, it said, because when the workers left, the system was up and running. ADT blamed Van As, saying he insisted beams be used that he had supplied. In all probability, the robbers gained entry to the property during the day and probably hid in the large garden, waiting for nightfall to rob the couple.
But two of Van As’s gardeners testified that, as part of their daily routine, they patrolled the area with dogs and would have noticed if anyone had gained unlawful entry.
Van As said the perimeter alarm system was incorrectly wired by ADT. Judge Johan Louw said ADT tried to create the impression that what went wrong was Van As’s fault. “This attempt was unsuccessful.
“The plaintiff’s uncontested evidence was that had the alarm functioned properly with the siren sounding and floodlights being activated, he would have pressed the panic button and locked the patio doors,” the judge said. The amount of damages will be determined later.
Pretoria News