A protracted legal battle lies ahead for two young men from Mowbray, but they say they will not back down – they want justice.
On Friday 22 October 2021, a case of assault common was opened at Ravensmead Police Station against three defendants.
“According to the complainants, they were assaulted by three ‘white males’ at Photronic, Unit 7, Dundas Park, Junction Road, Parow Industria. The accused were charged with assault common and the case is on trial in court since early last year. The next trial date is on (Wednesday) 25 January in Bellville Magistrates’ Court,” Capt Odwa Makupula, spokesperson for Ravensmead police, told People’s Post then.
In the State versus Kelvin Bester, Derick Knoetzee and Louham Nieuwoudt, count one, the charge sheet reads that “the accused did unlawfully and intentionally assault Rashaad Carlsen by hitting him on his body using fists and a chain, throwing him on the ground and kicking and hitting him on his body repeatedly with the intent to cause him grievous bodily harm”.
Count two reads that “the accused did unlawfully and intentionally assault Yushree Israel by grabbing him, choking him, hitting his head against the wall, throwing him on the ground and hitting and kicking him on his body using fists and feet with the intent to cause him grievous bodily harm”.
Appearing before Bellville Magistrates’ Court on these charges on Wednesday 25 January, the three accused pleaded not guilty.
The accused’s attorney, Werner Boucher, informed the court that his three clients were not ready to make a plea explanation at that time.
On contacting the accused prior to the court date for comment, People’s Post was referred to their attorney. Boucher said neither he nor his clients would be speaking to the press.
He did confirm that he had read the complainants’ respective statements as given to Ravensmead Police Station on Friday 22 October 2021 but declined to comment.
In early January this year, People’s Post spoke to Carlsen (23) and Israel (30) via telephone.
While their individual accounts of what had led up to the alleged assault had been noted during the interviews, their slight build only became apparent when People’s Post attended court on the day of the hearing. Seeing them stand a few metres apart from the accused, the difference in stature between the two parties was conspicuous.
On the day of the alleged assault, Israel claims he had gone to the LED grow lights manufacturer’s shop in Parow Industria to exchange one of four grow lights. He claims he had purchased the “sealed and new” products from a seller on an online classified advertisement and community website.
Israel claims that he had phoned ahead to the manufacturer to find out if he could exchange the product for another and was told that it would be in order. He claims that he was given a date and time to come and make the exchange.
Carlsen, who had tagged along for the ride, was the first to enter the premises. He claims, as soon as he went into the building, eight men surrounded him, three of whom, he claims, were the owners of the company – the accused.
He claims it was then that the alleged assault ensued without any explanation given as to why.
“The more we asked, the more they hit us. I remember one guy saying, ‘Julle kleurlinge like om sulke dinge te doen’.” (You coloureds like doing things like this).
Israel, who entered the premises a few minutes after Carlsen, claims he too was encircled and allegedly assaulted by the same men.
“We just got beaten without any questions asked,” Israel says.
According to Israel, the reason for the alleged assault only became clear much later after the accused had carried out a citizen’s arrest and transported them to Ravensmead Police Station.
“Apparently, someone had bought the lights from them and sent fake proof of payment,” claims Israel.
Both the complainants claim they were incarcerated at the police station for up to six hours before being released – and laying charges of their own.
Their next stop was the Rondebosch Medical Centre where they received treatment for injuries to their heads and bodies. Carlsen says he had to return to the hospital a few times after because blood had been detected in his urine which resulted in kidney and liver failure. Israel says he suffered an injury to his back, which made it impossible for him to keep down his job as an Uber driver at the time.
“It still gives me problems, I am actually a surfer, I used to grab my board and go to the beach four to five times a week on average. I used to be very active. Honestly, I am not that active anymore, one wrong move and it triggers my back again,” says Israel.
The court case continues on Tuesday 18 and Wednesday 19 April at Bellville Magistrates’ Court.
