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ruler : Archive : 2008 : BW Judicial Jul 2008



Judicial CP - July 2008

Corpun file 20324a


The Voice, Francistown, c.1 July 2008

Case Of Mistaken Identity Lands Guards In Hot Soup

Four Francistown security guards, who beat up an innocent man mistaking him for a criminal, were punished this week at Phase Four Customary Court.

Security Systems guards, Petros Mabina, 31, Peter Boitshoko, 26, Tiroyamodimo Thalalo, 25, and Bruno Maseko, 24, were each given a twelve month suspended sentence and four lashes for assaulting Shandukani Kitse a resident at Newstands.

Kitse told the court that he was walking home after a night out when the guards suddenly pounced, kicking and punching him. He claimed that he was handcuffed and assaulted with battering sticks, causing wounds to his hands and body.

In their defence the accused claimed that they attacked Kitse because some men had attacked them the previous night, and they mistook him for one of the attackers.

Denying that they had beaten him with sticks they said that Kitse had been injured because he was drunk and struggled when they put the handcuffs on. The guards asked the court for forgiveness and admitted that they had made a mistake.

Passing judgement Court President Masego Masonya, said as security guards they were employed to catch criminals and hand them over to the police. He warned them not to take matters into their own hands, but took into account that they were first offenders and did not realise they were confronting an innocent person, when he handed down a lighter sentence.

Corpun file 20324b


The Voice, Francistown, c.1 July 2008

Violent Son Gets 4 Lashes

Proving that one is never too old to get a good smack, the Phase 4 Customary Court in Francistown gave a 28-year-old man, who assaulted his mother, four lashes this week.

Goabaone Nyambe received the punishment after his mother, Obopilwe, reported him to the court. She told how last Friday she was shocked to find her son at home with a woman he said was his girlfriend when he was a married man with children.

The two then got into a heated argument, which ended in Goabaone choking his 53-year-old mother and repeatedly slapping her on the head before storming out of the house. The distressed mother immediately reported him to Kutlwano Police where he pleaded guilty to the offence.

In passing judgment, Court President Masego Masonya, advised Goabaone, who expressed remorse, to never again commit such an offence, especially towards his mother as it was against cultural norms. He urged him to stop sleeping around and get a job, as idling was a major cause of his misconduct.

Corpun file 20374a


The Voice, Francistown, c.13 July 2008

Man Gets Four Strokes For Touching Woman's Private Parts

By Nelson Direng

A 35-year-old man from Francistown recently escaped a seven-year imprisonment term and was instead given four strokes for an alleged act of sexual harassment.

Phase Four customary court president, Pogisego Mosarwe, spared Moiteela Morupedi the anguish of going to jail after he was allegedly accused of sexually harassing 33-year-old Ndoli Bolotsang.

The court has learnt that Morupedi allegedly roughly handled the complainant at the Block 8 Supermarket where she works as a shop assistant.

"This man walked into the store holding a can of beer. He started touching my buttocks and when I told him to stop he continued and even touched my private parts. He seemed to get a kick out of the whole thing despite the fact that I was not amused and had continuously pleaded with him to stop."

Bolotsang said after efforts to stop Morupedi's bad behaviour she then decided to notify the police who later caught and questioned him concerning the offence. Bolotsang, who pleaded guilty to the charge, blamed alcohol for acting silly.

"I didn't realise what I was doing since I was smashed." During mitigation, the accused pleaded with the court to be lenient on him as he had a wife who was pregnant and three children to take care of.

When passing judgement, Mosarwe considered that Bolotsang was a first offender and warned the accused never to commit a similar offence as this could steer him to rape. "All you could have done was talk to the woman. You should also understand that "no" means no."

Corpun file 20374b


The Voice, Francistown, c.13 July 2008

Three Lashes For Assaulting And Wounding Girlfriend

By Nomsa Ndlovu

Keatlaretse Castles "Spare the rod and spoil the child" is the maxim, which Kgosi Oleyo Ledimo's of Maun Customary Court lives by. He's a man who strongly believes that a cane on the butt is the right medicine to be prescribed to the young wayward youths of Maun. Just this week, Kgosi Ledimo unleashed his potent prescription on Maun shebeen queen's son, Keatlaretse Castles, 26, of Mabudutsa Ward who left the kgotla teed off after receiving three stinging lashes on his backside.

Not only did Kgosi Ledimo inject civility into the young criminal but he also sentenced him to three-months in jail, wholly suspended for five months.

Consequent to that, the accused was ordered to compensate the mother of his child, 19-year-old Galethopeope Karurua, P200 after he was found guilty of assaulting and wounding her.

Kgosi Ledimo sent the court into fits of uncontrollable laughter when he cautioned that if the state discovered that Castles' property does not amount to the initiated compensation, he would authorize them to repossess all his rags, including his underwear. "However if all fails we will be left with no other option but to throw you into the dungeon for two months."

Castles, who at the time of the crime acted under the influence of alcohol, is said to have poked Karurua's eyes open before hitting her with several full size stock bricks, which were presented before court as evidence.

In mitigation, Castles pleaded with the court not to send him to jail because he was taking care of their child.

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