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Friday, April 26, 2002 - Web posted at 7:28:00 pm GMT

A DEFAULT judgement for damages has been granted against the man named as the driver of Harry Simon's vehicle when it was involved in a horrific crash near Swakopmund last year.

The High Court granted the judgement against Hans Hauwanga following a civil suit brought by Klaus Lorentschk, whose bakkie was involved in the three-vehicle collision.

Hauwanga failed to oppose the claim. The accident, just over a year ago, claimed the lives of Siegfried and Elke Kessler, when their Mercedes-Benz exploded into flames as a result of the collision. The exact circumstances of the crash have not been established.

Simon's Mercedes-Benz was written off and the third vehicle, a Toyota bakkie, owned by Lorentschk, was also wrecked.

Lorentschk claimed damages of N$43 846, citing Harry Simon as first respondent and Hauwanga as second respondent. The law firm representing the late Kessler couple's estate was cited as the third respondent.

Lorentschk demanded N$43 846 from the three parties. He said in court papers the "collision was caused by the negligence of the second defendant (Hauwanga) alternatively of the late Mrs EM Kessler, further alternatively by the joint negligence of second defendant and of the late Mrs EM Kessler."

He named Simon as first respondent because he claimed that Hauwanga was employed by him and was acting as his part-time chauffeur.

Lorentschk demanded interest on the N$43 846 of 20 per cent a year plus legal costs. Lorentschk wanted N$23 000 for the replacement of his bakkie, N$3 750 for his Pentax 160 Zoom Camera, N$ 2216 for his prescription glasses, N$10 500 for his Zeiss Binoculars, N$3 600 for his leather jacket, N$500 for his trousers and N$280 for the replacement of a shirt that was ruined in the crash.

The default judgment against Hauwanga was delivered by the High Court on March 18 because Simon's associate did not file any notice in his defence.

Hauwanga was ordered to pay the whole amount of N$43 846 plus interest and Lorentschk's legal costs.

Last Friday, the High Court placed a notice in newspapers for the sale of Hauwanga's lounge suite, a television set, a TV cabinet, a coffee table refrigerator, a microwave oven, dining room suite and a video recorder as a result of the default judgement.
In court papers, Simon contested Lorentschk's claims.

His lawyer Hennie Barnard indicated that Simon "denies each and every" allegation made against him.

"The collision was caused as a result of of the joint negligence of the plaintiff and the late Mrs EM Kessler," he claimed.

Simon further claimed the Lorentschk was negligent because he failed to keep a proper lookout and that "he failed to give right of way to the second and third defendants before turning into the Swakopmund/Usakos main road".

The boxer issued a counter-claim for N$240 257 for the replacement of his Mercedes-Benz.

The Kessler's law firm has indicated it will defend the claim against the estate of the deceased couple.

The law firm, on behalf of the estate, is also suing the boxer for damages.

The criminal investigation into the cause of the accident has been waylaid because the Police have been unable to trace blood samples taken from Simon and his associates to determine the level of any alcohol content in their blood at the time of the accident.

The samples, which are crucial to the case, have mysteriously gone missing.

There has also been confusion about who was driving Simon's vehicle at the time of the crash. Initially the Police said it was the world champion boxer, but they later named Hauwanga as the driver.