Accused claims reconciliation with victim

Lindiwe Mozola | Wednesday June 7, 2017 16:55

 

He said that the victim, who is also the mother to his children, has since forgiven him for stabbing her with a knife and instructed him to inform the court that the matter be withdrawn.

Molalagare, 28, is said to have on February 18 this year unlawfully wounded Tshenolo Leburu by stabbing her with a sharp object on the right lower chest in Khurumela ward.

“I therefore appeal to this court for the matter not to go for trial and be reconciled with the mother of my children since we have resolved our differences,” the accused said.  In response, Motsamai said that there was no such section according to the law where the accused can just point out before the court that they have reconciled with the victim.

“On what basis is this reconciliation because the matter is now before the state?  The court can only promote reconciliation with the consent of the prosecution. The victim is now a state witness and there is no way both of you can make that decision devoid of the prosecution’s consent,” Motsamai said.

She added: “These are serious allegations unless of course the victim can make such appeal before the prosecution, which also does not guarantee withdrawal of the matter”.

When Molalagare was asked what transpired leading to the allegations, he said that he and the victim had an argument, which resulted in him ‘scratching’ her with a knife since he was holding it during the struggle. 

However, said the accused said, it was not intended to cause any serious injury, just minor scratches.

The magistrate argued that it cannot be just scratches since the accused is charged with unlawful wounding. Motsamai said that it was more than that and enough to cause a wound.

“I am also surprised that the victim calls for reconciliation. Next time she will be a corpse if she is not careful. Banna ba kgaolo e ba bolaya ga batshameke [Men in this area kill they, do not play],” she added.

Ditsapelo Emmanuel was the prosecutor in the case. The accused’s next appearance will be on June 10 for Case Management Conference.

Meanwhile, alleged murderer Tshepaone Bafana has been ordered to find sureties in order to honour his bail conditions.

Emmanuel told the court that the accused was still in custody since he failed to comply with the bail conditions.

In response, the accused told the court that he has no parents to act as sureties hence the reason why nobody has come forward to sign for his bail.

“I only stay with an old man who is unemployed and has no money to become my surety.  Besides, there is no one who has been visiting me while in custody hence it is difficult for me to comply with the bail conditions,” he said.

The magistrate advised him to give the prosecution his relatives’ contacts so that they are traced to come and bail him out, otherwise he will remain in custody and await trial.

Bafana is alleged to have murdered Moenyana Mabua on April 8, 2012 near Makoro lands.