Cousin found guilty of brutal drain acid assault

An accused who threw drain acid at his cousin, inflicting facial nerve damage and severe burn wounds to her face and body, has been found guilty of assault with intent to do grievous bodily harm.  

Kimberley magistrate Memory Qomoyi on Wednesday took note of the aggressive behaviour displayed by the accused, Itumeleng Bergman, 4,0 at the time the offence was committed. 

The incident took place in Mzimba Street in Galeshewe on August 18 2024, where the accused and the complainant Dora Bergman shared the family residence. 

Before the incident, an argument erupted over a blocked toilet where raw sewage was spilling into the yard. 

Qomoyi noted that Dora was left with the task of cleaning the mess, while the accused was sleeping inside the house. 

“Itumeleng felt aggrieved that he was blamed for causing the spillage. He felt that she was taking out her frustrations on him because customers had not paid her for the alcohol. 

“Dora took him around the house and reprimanded him after he had hit the sewage pipe when he attempted to fix the drain. She told the accused ‘You are the person who usually does this'.”

She pointed out that the attack was executed within close range while Dora was hanging linen on the washing line. 

“She bent down to pick up a sheet from the ground when she noticed the accused with his hands folded over his chest, about half a metre from where she was standing.”

Qomoyi added that the acid splashed on her right ear and eye, wrist, thigh and hands, while the accused suffered no harm. 

She pointed out that the accused’s versions of the event were “full of contradictions”, including that Dora had slapped him because he was sleeping inside the house.

She dismissed his explanation of fetching the acid to protect Dora after a young boy threatened her as “mere fabrication”.

“He also related that he picked up the acid next to the toilet “

Qomoyi said the accused testified that there was nothing inside the bottle, but later indicated that it contained acid. 

“He claimed that during the scuffle, when Dora grabbed the bottle from him, it was smoking, foaming and bubbling. He said that he placed his hand over the bottle when it formed a big cloud to prevent the acid from spilling onto her.” 

Qomoyi said the accused also explained that acid splashed on her cheek when she pelted him with the bottle, and “flames were going up in the air”. 

She added that state witness Dorothy April witnessed the “flying acid” as well as Dora screaming after she was burned. 

She postponed the matter until July 28 for pre-sentencing reports. 

Dora, who expressed relief that justice had been served, indicated that they intended to sell their grandmother's house. 

"Everyone who was staying in the house will part their separate ways. I am angry that the accused never showed any remorse. He even went as far as accusing me of throwing the acid at myself. I have sympathy for my cousin as he will have to serve a prison sentence, yet he showed no mercy towards me."

She added that she still experienced pain and had difficulty moving her jaw.

"I have been left with permanent scars - I suffered facial nerve damage and my eyesight has been affected."