On the eve of the 16 days of Activism against Gender Based Violence launch this week, a plumber was sentenced to three years in prison for assaulting his live-in girlfriend who is also the mother of his four children.
Tshepang Motswagole (40) who has been incarceration since August this year, pleaded with Francistown Magistrate Court to spare him from a custodial sentence.
“My Worship I am a changed man, the three months I have spent in prison have been tough and I have used them to reform. I am different man all together,” pleaded Motswagole during mitigation.
“Even if anyone were to provoke or insult me, I will not retaliate. I will just walk away. If the things go worse, I will seek the help of the police and Chiefs. The time I have spent in prison has taught me many lessons.”
The self-trained artisan was arraigned in August this year for a single count of grievous bodily harm. Motswagole who hails from Mmadinare is said to have attacked Obupile Ate with stones when she asked for money to buy relish.
“While at Mothusi’s homestead where the quarrel occurred between her and the accused. She had asked the accused for money to buy relish which angered him. She said the accused threw stones at her, prompting her to run into the house and lock herself inside one of the bedrooms.”, narrated Magistrate Tshepo Magetse in his judgment.
“This aggression developed into hostility and a brewing intention that escalated later in the night. The accused broke down her door in the middle of the night. Breaking the door demonstrates deliberate force not accidental entry. This action alone shows a purposeful decision to reach the complainant while she was sleeping. Upon entering the room, he immediately assaulted her with rafters”, continued Magistrate Magetse.
“The use of weapons indicates purposeful escalation from mere confrontation to intentional infliction of harm. According to the complainant, the injuries she sustained at the hands of the accused include left eye permanently blind, swollen with a scar above the eye. Nose cut and partially torn off, one tooth missing and other cracked. The right finger fractured and put in a cast; her left breast was hit resulting in internal lumps and her abdomen was left discolored” highlighted Magetse.
However, Court downgraded Motswagole’s charge from grievous harm to unlawful wounding because the complainant’s description of her injuries and the contents of the medical report sufficiently demonstrate or classify the injuries as grievous within the meaning of the law.
“I sentence you to three years and 24 months of the sentence is wholly suspended on condition you do not commit any offence in the next five years. Mister use this time to reflect on your actions and conduct. Utilise the psycho support in prison to address your anger,” advised the Magistrate.
