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Judicial CP - February 2007

Corpun file 18833


The Voice, Francistown, 9 February 2007

Rowdy student sentenced and lashed

By Gontse Gareebine

A 32 year-old Institute of Health Sciences student, Goitsemang Bareki stood before Urban Customary Court president, Isaac Dikwalo Monametsi on February 7th charged with malicious damage to property and resisting arrest.

Particulars of offenses read in court stated that on January 13th 2007, Bareki hit with his fists and broke a window of the institution's guards' office.

The security guard who was on duty at that time, Olerile Gabotswale, told the court that Bareki came to the gate late after the institute's curfew and demanded that he be allowed inside.

"He hit the window so hard with his fists that it broke, and at the same time shouting asking why we were sleeping. I refused to open the gate because I was following the institute rules. In the end, I had to give in and open for him as he was becoming very rowdy," Gabotswale said. The guard said he reported the matter to the boarding master who lodged a case against Bareki with the Central Police Station.

Sergeant Oitsile Matlho and Constable Phenyo who went to investigate said Bareki resisted arrest, until they forcibly apprehend him and put him behind bars.

Monametsi advised Bareki that he should never again resist arrest, as it is a criminal offense to do so.

In mitigation, Bareki said that even though he has caused damage to the institute's property, he would still like to continue with his studies as he has a family to take care of. He apologised profusely and acknowledged that what he did was very wrong.

The court president sentenced him to three years in jail and six months imprisonment for malicious damage and refusal of arrest respectively.

Both sentences were suspended as long as Bareki does not cause damage to property and cooperates with the police in the next three years.

Bareki was lashed seven times on his bare buttocks for both offences and asked to pay P224.30 for the damage by February 28 2007.

Copyright The Voice 2005

Corpun file 18922


The Voice, Francistown, 24 February 2007

UB Peeping Tom Lashed

By Gontse Gareebine

University of Botswana student, Kgomotso Waditshwene, 28, was summoned before the Urban Customary court Deputy Court President Khari Moitlobo charged with common nuisance.

Particulars of offence were such that on February 18th Waditshwene went to the female dormitories within the main campus at around midnight and peeped through Neelo Patience Kemmifele's bedroom window.

Kemmifele's also a student with the University of Botswana, reported the matter to the university security guards who arrested Waditshwene and handed him over to Central Police Station.

Warning Waditshwene during trial Moitlobo said, "Leave women alone. To look through their windows at any given time, is wrong and not funny at all. If you start doing this, what will you do next? It was also humiliating for the complainant and that explains very well why she has brought you before this court of law."

In mitigation, Waditshwene asked for forgiveness and said that if he was to be sent to prison, his chances at formal education would be ruined.

Before passing judgment, Maitlobo asked Waditshwene what exactly he was hoping to see in Kemmifele's room, a question that he did not answer. The Deputy court president further suggested that Waditshwene should perhaps use Internet services to browse porn sites to see what he was hoping to see on that fateful night instead of peeping into girls rooms.

Waditshwene was sentenced to four strokes on the bare buttocks. "Maybe this punishment will make you think twice next time you become tempted to sneak around at night and look at girls through windows," Maitlobo said.

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