Cape Town - Former Reddam House pupil Oliver Scholtz, who was in a scuffle with Andrew Merryweather that led to his paralysis, had difficulty recalling every bit of the incident and his recollection was limited to a few short flashbacks.
Scholtz said this on Tuesday before Judge Yasmin Meer in the Western Cape High Court. He was cross-examined by John Whitehead, appearing for Merryweather in the civil trial where Merryweather is seeking R10million in damages from Scholtz.
Merryweather was injured in the early hours of September 9, 2006 following a brawl between a group of people and a subsequent altercation between him and Scholtz. Merryweather fell and his head hit the wheel of a car, leaving him a quadriplegic.
The Western Cape High Court
initially ordered R10m in damages in June 2013 in favour of Merryweather, which was set aside by a full Bench on December 14, 2015.
Scholtz said: “I do remember there was scuffling between me and Merryweather before the final push when he fell. The criminal record states that I saw Andrew from my left and I can recall that he smack-pushed me in the back.
“I grabbed his shoulders when he was close enough to me. I stepped to my right, swivelled him while holding his shoulders. When I turned, my arms became less extended so that I pushed him away from me. It was my intention to push him away from me. I did not see him hit the car, and that’s the fact of the matter.”
Whitehead put it to Scholtz that a neurosurgeon was going to testify that Merryweather had blood on his face and a black eye as a result of trauma to his face.
“I can’t recall that he had blood on his face, but the next day when I heard about his injuries, I can only imagine that my push could have resulted in his paralysis,” Scholtz replied.
This version differs from what is contained in papers filed during the rescission application in August, 2014, before Judge Patrick Gamble.
The trial continues today.