'Frustrating' appeal compounds paralysis

There are times when Andrew Merryweather just needs a hug. But this simple act of comfort is denied to the Capetonian, who was left without "proper physical feeling" following an incident in 2006 when he was involved in a fight with eight schoolboys.

And eight years after Merryweather, 31, was left a quadriplegic, he is still battling one of the boys involved in the fight.

The eight schoolboys were charged with attempted murder but acquitted. At the time of the attack Merryweather and the other boys were students at Reddam House, a private school in Cape Town.

In 2013 Merryweather won R10-million in a civil action in the High Court in Cape Town against one of the boys, Oliver Scholtz, now 25.

Scholtz applied for the right to appeal the judgment and the matter was heard by Judge Patrick Gamble this week.

Merryweather's fiancée, Robyn Siebers, this week said the protracted litigation was the source of constant frustration for the couple.

"Oliver paralysing Andrew has taken so much away from us," said Siebers. "We are not able to do normal couple things like go hiking or walk hand in hand down one of our beautiful Cape Town beaches. We are left facing this every day, every second of our lives.

"Oliver goes on living a normal life as if nothing happened. In fact, nothing did happen to him. He still gets to enjoy everything life has to offer."

In papers filed in court this week, Scholtz's lawyer, Glyn Williams, said: "The court erred by failing to take into account, as a material factor, that [Merryweather] gave incorrect evidence at the trial ... to the effect that [Scholtz] was 'massive' in comparison to him, and he did not bring to the attention of the trial court that he suffered from pre-accident drug-induced osteoporosis, which made him susceptible to a spinal cord injury without excessive force being applied."

Merryweather's counsel, John Whitehead SC, said his client 's condition was induced by drugs used to treat childhood asthma. He said Merryweather had been treated for the condition eight years before Scholtz attacked him.

The judge is expected to give a ruling on Friday.