Businessman punched lawyer over wife

“I immediately told him why I had pushed him away, namely: ‘That you have been coming on to Wendy all night’.”

The “unnecessary” altercation happened in Gonubie in November last year during a 50th birthday party at the home of mutual acquaintance Heinie Schwedhelm.

Rieger said the first incident involving Francis happened about three years ago also at Schwedhelm’s home, when Francis “was dancing unduly close” to his wife.

“I spoke to Mr Francis and warned him to behave himself or he would be looking for trouble. He took my warning seriously and the crisis was defused.”

Rieger’s entire sentence was conditionally suspended for three years, but the matter might not yet be over, as Francis has instituted a civil claim for damages against Rieger following the assault.

Rieger testified that up to the point of assaulting Francis, he and Francis had enjoyed a friendly and professional relationship over a period of 30 years.

In a statement which was part of the court docket, Francis said he had been watching rugby at the Gonubie home when Rieger punched him in the face.

There had been no argument or misunderstanding between the two men, although Rieger afterwards had said that Francis should leave Rieger’s wife alone.

Francis, an attorney with Bax Kaplan with 26 years’ experience, did not give any evidence in aggravation of sentence, leaving magistrate Kevin von Bratt in a quandary over what really took place, despite Rieger’s guilty plea.

Von Bratt accepted Rieger’s evidence but said the fact it was the only version before court “places me in a difficult position. I’m not sure what the exact truth is”.

Von Bratt said Rieger’s guilty plea counted in his favour. But he said Rieger’s behaviour was “perhaps slightly more serious than an action which would merit a caution and discharge”.

Rieger’s counsel Shaughan Cole had argued that the incident could have been sorted out amicably by the two men afterwards instead of ending up in court.

“If each and every unpleasant incident of this nature were to come before the court, this court would be unable to function and be inundated with similar incidents.

“This matter somehow has got stuck on a grievance which speaks more of the attitude of (Francis) rather than a malicious attack by (Rieger),” said Cole, adding the incident had received more public attention than it warranted. He said he was glad justice was seen to be done in the criminal case.

“The primary aim was to secure the conviction. He admitted guilt, I didn’t need to testify,” said Francis, declining to comment on Rieger’s evidence in court. —