Why was Daryl Peense charged with assault on Zuma..
13 May 2011 1 Comment
Daryl Peense was charged with ‘assaulting’ SA Pres Jacob Zuma – however his accidential spilling of his drink from a public gallery at last year’s July in Durban, had not spilled one drop on the SA president. After endless postponements, Peense will finally hear a full year later – on 6 July – whether he will be found guilty. Why did the bodyguards allow Zuma to pass so close underneath the public stand?
2011-05-12 – Durban. – If anyone else except pres Jacob Zuma had strolled underneath the public tribune at last year’s July race course, while Daryl Peense was jostled by the crowd and spilled a drink, the State would never have charged him with anything.
And even more bizarre: not one drop of liquid had even splattered on Zuma’s expensive suit. Yet the Alberton professional betting agent was roughly arrested by Zuma’s body guards and charged with ‘assaulting the president.’
Peense had been quite drunk when he accidentially spilled some of his whiskey-and-water – just as Zuma strolled by below with his large contingent of body-guards. However, said his adv. Jimmy Howse in the Durban magistrate’s court yesterday, none of the liquid had been spilled on Zuma. He also submitted a medical report from a doctor’s examination of his client five hours later which showed that Peense ‘s coordination was still affected because he’d had a lot to drink during the festive event. (source: Dries Liebenberg)
“Someone’s behaviour cannot be construed as assault because of another person’s status,’ Howse pointed out to magistrate Guguleti Mpikeleli. The advocate also pointed out the ‘bizarre’anomaly that at the same time, Zuma’s body guards did not consider the accidential spill as an assault on themselves. Moreover, ‘nobody asked Zuma whether he himself considered this an assault on his physical integrity, he never submitted a complaint and did not testify at Peense’s trial. The bodyguards apparently decided to prosecute Peense.”
The advocate referred to several public incidents which indicated that the body-guards were ‘being trained to over-react in order to carry out their duties.” There was the incident in Cape Town last year, when Zuma’s body-guards had arrested a black student in Cape Town for showing his middle-finger towards Zuma’s passing motorcade. The student, Chumani Maxwele (26), has now lodged a R1,45m claim for damages against the police after he was held for 24 hours – and then the case was dropped. Moreover, Zuma’s bodyguards had also assaulted a photographer outside the courtroom in Durban – a public place — when the white freelancer had tried to photograph a constable who had testified that day. That constable Thami Ntuli, expressed his personal opinion in his testimony that Peense ‘had thrown the drink deliberately because he moved away almost immediately.’ Howse also referred to testimony by constable Edgar Nemaenzhe that people had been wavng to Zuma from the public gallery around Peense – and that he believed that Peense ‘must have known that it was Zuma who was passing by below’. Magistrate Guguleti Mpikeleli has postponed the case to 6 July, when he will issue his verdict.