Juggie Naran
D IWALI will never be the same again for a policeman who was assaulted with a sjambok and shot by his neighbour after fireworks were lit at his home in Heidelberg, Gauteng, in 2007.
Captain Sanjay Mohanlal Dookhi recently won the first leg of his protracted legal battle in the North Gauteng High Court against his ex-neighbour Morne Troskie who sjambokked and shot him in the right thigh.
Judge Tatu Makgoka ordered Troskie to pay 100 percent of the proven or agreed compensation figure with costs. Troskie however was acquitted of attempted murder and the use of a firearm in a municipal area by the Heidelberg Magistrate’s Court more than a year ago.
Dookhi’s lawyer, Zehir Omar, told POST yesterday the damages including the medical expenses, pain, trauma and other costs had not been finalised.
Dookhi, a father of two, said since that incident subsequent Diwali celebrations had became emotional for him and his family. The 2007 incident happened in front of his wife Rekha and their children Shevil, 11, and Uvish, 15,.
According to the judgment, during the evening of November 10 2007, Dookhi’s family and friends were celebrating Diwali. “As part of the celebrations, firecrackers are lit. An argument ensued between Troskie and Dookhi about the use of the firecrackers. Troskie subsequently shot Dookhi. Dhooki was also sjambokked,” said Judge Makgoka.
Troskie claimed he had acted in self-defence.
Judge Makgoka said on Diwali eve some neighbours had complained about the noise caused by fireworks lit at Dookhi’s house.
An unhappy Troskie went to Dookhi’s property and confronted him. There was an argument. Troskie struck Dookhi with a sjambok on his head,” said the judge.
Dookhi then rushed into his house and Troskie ran to his home. Troskie told his wife of possible danger and requested her to call the police and the security company.
“He grabbed his gun and went outside. In the interim Dookhi went to Troskie’s property and stood outside, near or in the vicinity of Troskie’s gate. Troskie fired several shots, one which struck Dookhi on his right thigh,’’ said Judge Makgoka.
In his evidence Dookhi disputed the claim by Troskie that he had aggressively threatened to shoot Troskie during an earlier encounter at his (Dookhi’s) property. The court was told the position where Dookhi had stood near Troskie’s gate had been disputed.
It was clear Dookhi was deeply hurt and humiliated by Trosky hitting him with a sjambok, in front of his family and friends, the judge said.
“He is a police officer. He must have felt a deep sense of humiliation. He was very angry and said so in his evidence,’’ said Judge Makgoka.
Lawyers acting for Troskie did not return calls made by POST.