Pie attack costs city fish boss N$42 000

A RACIALLY tainted assault on a restaurant manageress at Omaruru early last year is set to cost a Windhoek fishing company boss not just a criminal conviction, but also a bill of more than N$42 000 in damages.

In a judgement handed down in the High Court, Judge Kato van Niekerk ordered Brian (Tiza) Katjimune, Managing Director of Ovitoto Fishing, to pay N$42 540 to Margerethe Elizabeth du Plessis, a restaurant and take-away shop manageress at Omaruru, for damages she suffered when she was assaulted by Katjimune on January 24 last year. Du Plessis’s nose was broken and she was knocked unconscious when Katjimune hit her outside her business, Central Restaurant & Take Away, during what Katjimune described as a heated exchange of words regarding the freshness of the food he had received in the eatery.By both Katjimune’s and Du Plessis’s accounts it was a racially charged altercation that took place between them that day.In written pleadings in the civil case that Du Plessis made against him, Katjimune claimed that Du Plessis had called him a “bobbejaan” (baboon), and threw something at him as he and a companion tried to leave the shop.It was when he raised his arm in a reflex motion to block something thrown at him that he made contact with Du Plessis, causing her to fall, he claimed.Katjimune in turn lodged a counter-claim against Du Plessis to demand N$25 000 in damages for the alleged “baboon” remark.With Du Plessis having denied that allegation by Katjimune, and with Katjimune or his lawyers not having attended the hearing of Du Plessis’s claim against him on April 5, Judge Van Niekerk dismissed Katjimune’s counter-claim last week.While Du Plessis had initially sued Katjimune for damages totalling N$452 540, the Judge awarded her N$42 540 in total.Judge Van Niekerk heard testimony that Katjimune was in a group of people that arrived at the restaurant on January 24 last year.They ordered food and sat down to eat in the restaurant.When a waitress asked them to pay, Katjimune told her that the food was rotten, the court heard.When she responded that food that had been eaten had to be paid for, Katjimune made a remark that Namibia belonged to blacks, and not to whites, the court also heard.Katjimune next approached the cash register where Du Plessis was busy.He claimed that the food was rotten, apparently referring to a meat pie, of which he still had a piece in his hand, Judge Van Niekerk recounted in her judgement.When Du Plessis told him it was impossible, as the pies had been received fresh that morning, Katjimune let loose a torrent of abusive language.According to testimony heard by the court, he swore at Du Plessis and again repeated that she was selling “f****** rotten stuff” to him.At one stage he threw the piece of pie at her, the court was told.Du Plessis first tried to call the Police, but got no response.As Katjimune kept on arguing about the food, she told him that she did not want to quarrel with him and asked him to leave, she testified.Du Plessis however left the shop before Katjimune, because she wanted to write down the registration number of his vehicle.She did not see any assault coming.”The next moment she felt as if her head was ‘exploding’,” Judge Van Niekerk recounted the evidence.”When she came to again, she was being transported to hospital.”Du Plessis was knocked unconscious with a backhanded blow to her face.The blow from Katjimune broke her nose.She fell on the pavement outside the restaurant, and lay there for between 20 and 25 minutes before she was taken to hospital.Du Plessis “testified that she felt ‘terribly shocked and very humiliated’ by the words uttered by (Katjimune)”, Judge Van Niekerk stated.”The assault left her bitter, hurt and humiliated.”She added: “It is also aggravating to my mind that (Katjimune) is a male person who sought to vent his anger in such ignominious manner in a public place and in the open street on a small-built woman who had not raised her hand in any manner against him.He must have hit her very hard, as she described her head ‘exploding’.”Last week’s judgement is the second legal blowback from the incident to have come Katjimune’s way this year.In early August, he was convicted in the Omaruru Magistrate’s Court on charges of assault with intent to do grievous bodily harm and crimen injuria.He received an effective sentence of a fine of N$1 000 or 10 months’ imprisonment.Du Plessis’s nose was broken and she was knocked unconscious when Katjimune hit her outside her business, Central Restaurant & Take Away, during what Katjimune described as a heated exchange of words regarding the freshness of the food he had received in the eatery.By both Katjimune’s and Du Plessis’s accounts it was a racially charged altercation that took place between them that day. In written pleadings in the civil case that Du Plessis made against him, Katjimune claimed that Du Plessis had called him a “bobbejaan” (baboon), and threw something at him as he and a companion tried to leave the shop.It was when he raised his arm in a reflex motion to block something thrown at him that he made contact with Du Plessis, causing her to fall, he claimed.Katjimune in turn lodged a counter-claim against Du Plessis to demand N$25 000 in damages for the alleged “baboon” remark.With Du Plessis having denied that allegation by Katjimune, and with Katjimune or his lawyers not having attended the hearing of Du Plessis’s claim against him on April 5, Judge Van Niekerk dismissed Katjimune’s counter-claim last week.While Du Plessis had initially sued Katjimune for damages totalling N$452 540, the Judge awarded her N$42 540 in total.Judge Van Niekerk heard testimony that Katjimune was in a group of people that arrived at the restaurant on January 24 last year.They ordered food and sat down to eat in the restaurant.When a waitress asked them to pay, Katjimune told her that the food was rotten, the court heard.When she responded that food that had been eaten had to be paid for, Katjimune made a remark that Namibia belonged to blacks, and not to whites, the court also heard.Katjimune next approached the cash register where Du Plessis was busy.He claimed that the food was rotten, apparently referring to a meat pie, of which he still had a piece in his hand, Judge Van Niekerk recounted in her judgement.When Du Plessis told him it was impossible, as the pies had been received fresh that morning, Katjimune let loose a torrent of abusive language.According to testimony heard by the court, he swore at Du Plessis and again repeated that she was selling “f****** rotten stuff” to him.At one stage he threw the piece of pie at her, the court was told.Du Plessis first tried to call the Police, but got no response.As Katjimune kept on arguing about the food, she told him that she did not want to quarrel with him and asked him to leave, she testified.Du Plessis however left the shop before Katjimune, because she wanted to write down the registration number of his vehicle.She did not see any assault coming.”The next moment she felt as if her head was ‘exploding’,” Judge Van Niekerk recounted the evidence.”When she came to again, she was being transported to hospital.”Du Plessis was knocked unconscious with a backhanded blow to her face.The blow from Katjimune broke her nose.She fell on the pavement outside the restaurant, and lay there for between 20 and 25 minutes before she was taken to hospital.Du Plessis “testified that she felt ‘terribly shocked and very humiliated’ by the words uttered by (Katjimune)”, Judge Van Niekerk stated.”The assault left her bitter, hurt and humiliated.”She added: “It is also aggravating to my mind that (Katjimune) is a male person who sought to vent his anger in such ignominious manner in a public place and in the open street on a small-built woman who had not raised her hand in any manner against him.He must have hit her very hard, as she described her head ‘exploding’.”Last week’s judgement is the second legal blowback from the incident to have come Katjimune’s way this year.In early August, he was convicted in the Omaruru Magistrate’s Court on charges of assault with intent to do grievous bodily harm and crimen injuria.He received an effective sentence of a fine of N$1 000 or 10 months’ imprisonment.