Cape Town - After a 13-year litigation process paraplegic Andrew Merryweather is back in the Western Cape High Court to continue his fight for damages.
This, after a full Bench on December 14, 2015, set aside the damages of R10million that was supposed to be paid by former Reddam House pupil Oliver Scholtz. The saga relates to an incident in 2006 when Merryweather was paralysed in a brawl at a Newlands petrol station.
On Sunday, John Whitehead, acting for Merryweather, and Barbara Gassner, appearing for Scholtz, argued before Judge Yasmin Meer. At the centre of their arguments was the admissibility of evidence - the statement of co- accused, Shane Wolendorp. Charges against him were withdrawn in 2007 after he turned State witness.
Gassner told the court there were various versions of what transpired that day.
It was therefore imperative that the credibility and reliability of these version be tested.
The statement of Wolendorp could not be tested in cross examination as he was abroad.
The court also acquitted Dane Killian in December 2007 at the end of the State’s case.
However, Whitehead informed that court that no pre-trial was held between the parties and lawyers for Scholtz agreed that the criminal record be used as evidence in the matter.
“Why should I call witnesses and cross examine them that would be beneficial to the version of Scholtz and not my client,” Whitehead contended.
He told the court that they have located one of the witnesses and will do its level best to get hold of other witnesses still in South Africa.
Merryweather with his guide dog listened attentively to the arguments.
He said all that he wanted was damages for the injuries he had suffered.
@TheCapeArgus