Chinese in court for assault

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WINDHOEK – Two Chinese nationals appeared in the Windhoek Magistrate’s Court on Monday on one count of assault with intent to do grievious bodily harm and one of assault by threat.

The accused, Zhiong Gao and Haolin Kuang both pleaded not guilty to all charges against them and chose to remain silent and not give a plea explanation.

The two accused who work for Chinese company, New Era Investments, allegedly assaulted a co-worker, Michael Kondini during the morning hours of October 10 2012.

Kondini testified that he was at work on the morning of the incident when Gao allegedly walked up to him and out of the blue kicked him in the stomach causing him to fall down.

He said that while struggling to get to his feet, Gao continued to attack him and after he got to his feet and managed to free himself, Gao went away for approximately 30 seconds and returned with a brick and a piece of metal to continue the attack on him.

He said that while defending himself he got hold of the piece of metal and while he and Gao were struggling for it he allegedly cut his hands on the piece of metal. He further testified that while he was struggling with Gao, Kuang came and grabbed him around the waist trying to pull him down. He further said that after he managed to break free, other employees who were alerted to the altercation started gathering around and managed to break up the fight.

He further said that after he and Gao were separated Kuang returned with a knife and threatened to kill him.

He was then ordered to leave the premises and he proceeded to go and lay charges against Gao and Kuang. On a question from the State prosecutor why he thought Gao would attack him with no provocation, Kondini said that he suspects that it could be because he had an incident with Gao’s wife.

He said that the previous day he asked her to help him with something, but she apparently refused, as she is his ‘boss’.

He said they had an argument, but that he only told her that they are colleagues and left it at that and did not assault her as was claimed.

The State’s second witness, Hilma Namupala, said she was employed at the company as a receptionist and was standing with Kondini in the yard of the company’s premises in Prosperita. According to her while talking with Kondini she saw Gao running in the direction of Kondini and kick him in the stomach. In the remainder of her testimony she mainly corroborated what Kondini said.

Gao, however, had a different tale to tell when it was his term to spin his story. He said in English that after he clocked in at work he was on his way to the construction site where he was employed as a translator and site representative. He claimed that his wife told him that Kondini assaulted her and when he saw Kondini standing there he became very angry and wanted “to teach him a lesson”.

He however told his lawyer, Jens Roland, he did not want to hurt Kondini when asked for clarification.

He said when he came to Kondini, he lashed out and kicked him in the stomach causing him to fall down.

He further claimed Kondini was the aggressor who punched Kuang in the face causing his nose to bleed and he lost a tooth in the attack.

While both Kondini and Namupala claimed Kuang went to fetch a knife and threatened Kondini with it, Gao denied the accusation.


By Roland Routh