23/07/2013. Marthinus Basson leaves the Pretoria North District Court afterbeing not found guilty on Charges of assault and crimen injuria. Picture: Oupa Mokoena 23/07/2013. Marthinus Basson leaves the Pretoria North District Court afterbeing not found guilty on Charges of assault and crimen injuria. Picture: Oupa Mokoena
Pretoria - A spat between Sinoville neighbours - the last straw was dog faeces hurled over the fence - ended on Tuesday in the Pretoria North District Court with one being acquitted on charges of assault.
It was the contradicting testimonies of Susanna Smidt, 53, and her daughter, Bianca Prinsloo, 27, a teacher, that could not convince the magistrate that Marthinus (Fanie) Basson, 62, was guilty.
Basson pleaded not guilty to charges of assault with intent to do grievous bodily harm, crimen injuria and common assault.
Prinsloo is a tenant in a townhouse belonging to Smidt. Basson is her neighbour.
The court heard from Smidt that she and Prinsloo were returning home on October 25 last year after seeking legal advice against Basson when the alleged assault happened.
She said Prinsloo and Basson had had several problems in the past, including complaints about the barking of Prinsloo’s dogs.
The court heard that Smidt and Prinsloo had stopped at the intersection of Braam Pretorius Street and Dr Swanepoel Drive when Basson walked up to their car and uttered through the open window: “I got you good at your school bitch.”
Smidt said Basson had had summons delivered at Prinsloo’s place of work although she lived next door to him. “I told my daughter to pull over so that I could tell him to stop making trouble. I climbed out of the car… and as I was speaking he slapped me across the face.” She said she tried to hit him with her handbag but he kicked her and she fell. He hit her on the foot with a stone, she claimed.
The court heard that she called for help and her daughter came to her aid with her high heel in hand.
“He (Basson) then grabbed her by her hair and hit her on her chest with his fist. He also kicked her,” the mother said.
Basson’s version was that he was out for a walk when the two drove past him, turned around and stopped next to the road and assaulted him.
The court heard, following the incident, that Smidt and Prinsloo went to the Sinoville police station to open a case and then to the Netcare Montana hospital.
According to a report from the hospital, Smidt had sustained a chip fracture in her right foot. She told the court she had to wear a “soft moonboot” for six weeks.
Basson’s lawyer, Oelof de Meyer, argued that the statements completed by Smidt and Prinsloo at the police station on the day differed from their testimonies.
In closing, he argued that the two had contradicted each other on every aspect of the testimony and that this had destroyed the evidence before the court.
The court said it was not satisfied that the State had proved the guilt of Basson with the testimonies of the State witnesses.
Outside court Smidt said Basson acted like he was living in a retirement home. “Bored old people who have nothing to do should stop making trouble in the complex.”
Basson said he was relieved it was over.
Pretoria News
