Kimberley - A man who accused a Barkly West pub owner and his friend of throwing him off a bridge is now facing a contempt of court charge after arriving at court too drunk to testify on Thursday.
After struggling under cross-examination in the Barkly West Magistrate’s Court on Wednesday, 34-year-old John Daniels arrived for his third day on the stand heavily under the influence of alcohol, resulting in the attempted murder trial of Rohan Bekker and Peter Watson being postponed until November.
Bekker, the owner of Rietgat Pub, and Watson face charges of attempted murder and kidnapping while Watson has also been charged with crimen injuria for allegedly directing racial remarks at Daniels.
The two suspects allegedly shoved Daniels into the back of a bakkie after he went to Bekker's Rietgat Resort to look for a friend.
He was taken to the Vaal River Bridge and pushed off.
Daniels managed to swim to safety and alerted a passing police vehicle.
He was taken to hospital for injuries to his head and shoulders.
Prosecution requested a postponement early on Thursday morning after it was suspected that Daniels was under the influence.
However, Bekker’s legal representative, Sakkie Nel, requested that harsh action be taken against the man following several warnings regarding his conduct.
Daniels had already been cautioned on two occasions this week that he was risking contempt charges after arriving late to continue with his testimony.
Thursday proved to be the final straw and, while the 34-year-old claimed that he was not under the influence and merely smelt of alcohol as a result of drinking the night before, he failed to gain any sympathy.
A brief adjournment was required for Daniels to be escorted by police to hospital where a doctor’s examination established that he was heavily under the influence.
Nel pointed out that Daniels’ conduct was wasting the time of the court and had been to the detriment of his client in particular because Bekker had already been forced to relocate as a result of the alleged incident and now needed to travel to Barkly West for his court appearances.
Watson’s legal representative, advocate Schalk van der Sandt, questioned whether the trial should continue at all as the witness’ testimony had already proven to be riddled with inconsistencies, which had been highlighted during Nel’s cross-examination.
Van der Sandt added that these were only likely to be amplified when he cross-examines the witness on behalf of the second accused (Watson).
Shortly before lunch it was determined that the trial would be postponed to November 3. Daniels would be charged with contempt and Bekker was free to return to Barkly West.
Speaking to the DFA on Thursday, Daniels said that the stress of the trial and Tuesday’s cross-examination had taken its toll.
“I was drinking last night because this case is really giving me stress,” the witness claimed shortly before medical experts declared him intoxicated.
“I’m not drunk. I just smell like it.”
Earlier this week he gave a similar testimony regarding the day of the incident, saying that the reason why doctors smelt alcohol on him on the evening of September 30, 2014, was because he had been out drinking the night before and not on the day itself.
Bekker will be back in the Barkly West Magistrate’s Court on July 27 on an unrelated attempted murder charge following the brutal attack on a man near Rietgat in August last year.
DFA