CourtsHomeowner fined as cat food arrangements go awry

RTL Today
The magistrate's court recently dealt with a rather interesting affair, concerning a couple that went away for the weekend and left a key with an acquaintance, asking the acquaintance to feed the cat on the Saturday and Monday.
© AFP (archives)

The rather ordinary request ultimately ended with a conviction for assault and battery handed down to the male of the holiday-ing couple.

The incident occurred in July 2017. Late on a Monday evening, the acquaintance realised that she needed to feed the cat, and headed to the friend's property with her boyfriend.

Immediate reaction and attack

The resident couple was already at home and tucked into bed. They woke up when they heard somebody at the door of the flat. The acquaintance had called out saying it was her and her now 28 year old boyfriend, but the 40 year old home-owner had gone into 'defence mode' and come running, striking the acquaintance's boyfriend in the face with his fist and kneeing him in his chest.

The victim of the attack was then brought to a hospital: the man had a number of broken facial bones and a more serious wound, such that he had to undergo multiple surgeries. According to doctors, he will never be able to see 100% with his right eye.

In court, the defendant said that he had not heard the couple call out and for him it had been a matter of survival. The victim, who stated that the first blow had severed a nerve, was unable to explain the attack. Statements regarding the timing of conflict also differed, as well as what exactly both women had agreed upon concerning looking after the cat.

A fine and potential compensation

For the judge in charge, there was a clear connection between the solid beating and the injuries which are proven by doctors' certificates.

The verdict mentioned "deliberately aggressive acts", "an obviously disproportionate reaction", and that the perpetrator could not have ignored the possible consequences.  The judge ruled that the assault and battery charges were appropriate and it was not self-defence, which is what the defendant's lawyer had pleaded for in order to request an acquittal.

Self-defence, however, implies a prior attack, which had not happened here: as a result, the older man was to fined €250, the maximum penalty at the magistrate's court, where the trial took place.

The victim, on the other hand, had requested roughly €61,000 in compensation: the judge appointed two experts to determine the exact amount of damages.

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