Merryweather and his alleged attacker both fail in SCA costs bid

Paraplegic Andrew Merryweather’s appeal to have his legal costs paid by the father of his alleged attacker, Oliver Scholtz, has failed in the Supreme Court of Appeal (SCA).

In the same matter, Scholtz’s cross-appeal in which he was ordered to pay for three of the medical experts that gave testimony during the trial, also failed in the same court.

Both matters were scrapped from the SCA court roll.

The Western Cape High Court found that Merryweather had not proved his case that he was “spear-tackled” by Scholtz and that it was more probable that he was injured as a result of the swivel and push defence, rather than a spear-tackle.

The high court found that Scholtz’s reaction to avert the further threat to him was reasonable. The SCA was not persuaded that the full court erred.

It concluded that there were no special circumstances requiring that the high court’s decision be re-considered in a further appeal to the SCA.

SCA Acting Judge Piet Koen, said: “Andrew’s criticism of the judgment of the full court is without merit. The conclusions of a court must account holistically for whatever inferences may reasonably be drawn, and for all the evidence. The judgment of the trial court did not account for all the evidence or the contradictions. The fact that the trial court had the opportunity to observe the witnesses and to make credibility findings must yield to the import of the admissible evidence and inferences that could properly be drawn from the evidence.

“The full court, properly considering the evidence holistically, concluded that Oliver had acted in self-defence and that his conduct was commensurate with the threatened attack.”

Merryweather was left paralysed and wheelchair-bound as a result of a brawl at a petrol station in the early hours of September 9, 2006.

In the physical altercation between two groups of young men at the garage in Main Road, Newlands, Merryweather was part of one group and Scholtz part of the other.

There was an exchange of words between the groups and a physical altercation followed, where Merryweather at one stage rushed at Scholtz, as if to tackle him from his right, at a rapid speed.

Scholtz testified during the trial that when Merryweather came within reach, in order to avert the attack, he grabbed Merryweather at the side of his shoulders and pushed him away with a fast swivel movement, to avoid the collision.

Merryweather lost his footing and fell in the direction of a parked car, hitting the fender or the wheel of the car with the back of his head.

All along Scholtz’s version of events has been that he pushed Merryweather in self-defence.

Cape Times