A high school brawl between water polo players from two of Cape Town’s most prestigious schools has resulted in a Western Cape High Court battle and an R645 000 damages claim.
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On 3 February, 2018, Ross Stone of Rondebosch Boys’ High School and Bingo Ivanisevic of Bishops Diocesan College engaged in a horrific water polo punch, resulting in the loss of several of Stone’s teeth.
Stone filed a damage claim against Bishops and Ivanisevic, who appeared in court on Tuesday.
Ivanisevic punched Stone during a water polo match at Bishops.
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Stone’s legal team provided graphic images of the bloodied teenager who underwent surgery after his teeth were bashed into his gums. One of his teeth was discovered at the bottom of the swimming pool. He also had a cracked bone.
In his claim, Stone’s legal team provided a breakdown of medical expenses incurred as a result of the attack, future medical expenses, and general damages.
‘The plaintiff (Stone) has suffered a loss of amenities of life, experienced pain, emotional anxiety and shock, suffering, disfigurement in the past and will do so in the future,’ the claim states.
Stone’s lawyers are also holding Bishops responsible for the damages, claiming that because the attack occurred on school grounds, the school, along with Ivanisevic, was liable.
In response papers, Bishops’ legal team admits that Ivanisevic assaulted Stone, but claims that after the incident, they imposed sanctions as prescribed by the Fédération Internationale de Natation and initiated disciplinary proceedings against him.
Bishops also requested that if the high court determined that Ivanisevic was liable for the damages, he be held liable on his own.
In his response papers, Ivanisevic stated that at the time of the incident, he thought he was drowning.
He claimed he was held underwater and punched, and that he threw a ‘reactive punch’ at Stone, who was not in court yesterday.
He claimed Stone’s punch forced air out of his lungs, prompting him to swallow water.
Ivanisevic also claimed that Stone’s actions had endangered his life and could have resulted in serious injuries.
‘He was subjected to an unlawful attack by the plaintiff (Stone) during the incident.
‘The first defendant (Ivanisevic) has reasonable grounds for believing that he was in physical danger and the force used by him to protect himself was necessary in the circumstances to repel the attack and was commensurate with the plaintiff’s aggression,’ his legal response reads.
Ivanisevic was questioned by advocate Paul Eia yesterday, and he confirmed that he had been suspended for seven matches following the incident. He admitted that he told those present at his disciplinary hearing that he was sorry for his actions, but his lawyers warned him not to say too much because he was still facing criminal charges.
It was also confirmed that the state decided not to prosecute Ivanisevic.
Eia brought up the reports filed by the referees who witnessed the incident and asked why Stone’s alleged attack was not reported, but Ivanisevic said he did not know.
During his cross-examination, he told the court that after the incident, he was attacked by Rondebosch Boys’ High School parents, but did not elaborate on what happened.
Ending his testimony, he stated that his side of the story was never told.
‘There is always two sides to a story and my side was never allowed to be heard.’
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Picture: Philippa Rose-Tite/Unsplash