The assault case against Ruimsig resident Cynthia O’Neil continued in the Roodepoort Magistrates’ Court on Wednesday, March 9. The complainant, Gugu Khathi, who is O’Neil’s neighbour, took the stand after the magistrate, state and defence lawyers viewed the video evidence.
“We watched the video footage and the state maintains that the accused approached a car and waved something we can’t see and that caused the car to swerve,” the court heard. “We then see boys on their bicycles. We see the complainant approaching the accused’s house. In a split second we see the complainant falling backwards on the bikes. Two other people try to assist the complainant from the ground. We see the accused pulling the complainant from the ground. The footage does not have voice recording.”
O’Neil’s lawyer, Alexander Opperman said the defence saw the majority of what the state described but there were certain aspects not being observed closely. “We see the accused next to where the complainant meets her.” This was disputed by Magistrate Mothilall Bissessar, who said, “I don’t see what you see Mr Opperman. I have watched that video many times.” “The defence sees the accused assisting the complainant up, your worship. We see the complainant assaulting the accused,” the lawyer said. “Where did you see it? I never saw the assault. I can see she’s coming back but I don’t see the physical assault,” the Magistrate stated.
A mutual decision was made to put said ‘assault’ from the video footage aside and continue with Khathi’s questioning. Opperman asked Khathi to describe her relationship with O’Neil prior to the assault incident.
“There was no relationship. We have been living at the estate for seven years and we have never had a relationship with the O’Neils. We have regretted living there; ever since we moved there has been trouble. Cindy stands on the paving and she frequently stands there so that she can block the road at random times. All the black neighbours don’t have a relationship with her.”
She said she found it painful to have to go back and forth on the footage presented in court, because the O’Neils have dash cams with audio which she alleged they had often used on their other neighbours. “I am struggling with this because in my case they are using street cameras and not their footage. They will follow our children and other kids with cameras. They are big on footage. I stood that way in the video strategically so that their camera can see everything in case anything happens,” she explained.
The complainant stated that although they have been harassed by the accused and her family in the past, they have never had a physical altercation. She said over the years, she and her family have chosen to ignore the O’Neils and try live their lives. “We had an MG meeting last year in the estate and she, Cindy wanted to appoint herself as the manager. She made the meeting about me and my family. Accused us of being corrupt and being criminals. She accused my son, Junior of smoking weed. We have never found evidence to her claims and the cops were called to search my boys even though they are residents in the estate and weren’t trespassing. This has happened numerous times.”
Opperman said the accused would testify that there is history between the respective families and that added to Khathi’s aggression and disregard of the law. “You speed in the complex and play loud music. Your family is aggressive.”
“There has never been a complaint against me for loud music. Her claims have never been proven true,” Khathi replied. During her time on the stand, Khathi recounted her version of accounts on the day of the altercation. She explained the injuries she suffered. “I was dragged and I had bruises on my lower legs. When I fell back, I landed on the bicycle which pierced a hole in my back and I had chest pains.”
The case is set to continue on May 11 when the state plans to call other witnesses including the investigating officers.
According to a statement, in November 2019, O’Neil and her husband were hanging Christmas lights outside when Khathi’s son frequently drove in and out of Khathi’s yard. The O’Neils had their three grandchildren riding their bicycles outside. At some point a confrontation between the two ensued and according to O’Neil, Khathi stepped back and tripped over one of the bikes. She claimed that two men came out of Khathi’s house to help her. O’Neil claimed Khathi hit her on the nose and she started bleeding. The couple reportedly filed a case of assault after the incident. Khathi claimed she approached the O’Neils after one of her kids had told her O’Neil had waved a hammer at her son, Junior’s car. According to her, during the altercation, O’Neil pushed her onto the bicycles on the ground and started dragging her.
