Assault cop opts to pay fine
A DURBAN policeman, charged with attempting to kill a Chatsworth pensioner who was standing in the middle of his driveway, has opted to pay a fine of R10 000 instead of spending six months in jail.
Sunil Maharaj, 45, pleaded with Magistrate Anand Maharaj to show leniency when sentencing him as he was the sole breadwinner.
The detective, a policeman for over 20 years, opted to defend himself and was cleared of attempted murder charges and convicted of assault with intent to do grievous bodily harm.
He was also found guilty of common assault and of crimen injuria. The incident took place in Montford, Chatsworth, on April 20, 2011.
Uditnarain Baijnath, 73, was walking along a road in Montford when he was assaulted by Maharaj, resulting in him becoming a paraplegic.
Four State witnesses, led by State Prosecutor Kuveshni Pillay, confirmed Maharaj punched Baijnath three times resulting in him losing consciousness.
Baijnath’s daughter, Shireen Khan, told the court how her father, who was once an abledbody person, had become a paraplegic after the incident and was confined to a wheelchair.
In aggravation of sentence yesterday (Tuesday), Khan said her dad was embarrassed that his granddaughters had to change his diapers. He would cry but was unable to speak since the incident.
“Our grandchildren will not learn about their heritage from their grandfather.”
Maharaj told the court that the State witnesses fabricated the story, so their civil claim against him could be stronger.
He begged the court to show mercy by imposing a suspended sentence as he could not afford to pay a large fine as he sometimes lived on an overdraft.
Magistrate Maharaj found that the accused did not intend to kill Baijnath but became annoyed when the victim was standing on his driveway and wanted to remove him.
“Society has an obligation to look after the elderly. Government has legislation called the- Older Person Act, endorsing that older persons’ rights are important.”
Magistrate Maharaj also found the accused should have known better.
“Regardless of how the public may criticise the police, I guarantee you that when they are in trouble the first people one looks to is the police as their protectors.”
Maharaj, with the help of fellow police officers seated in the gallery, paid half the fine and will pay the remainder by the end of July.
While outside court, Khan said the sentence was lenient.
“He basically robbed my father of a life. He will receive his punishment from God.”
The family have lodged a civil claim, which is set to be heard next February.