Two Somalis fined for uttering false documents

OARABILE MOSIKARE
Correspondent | Friday April 13, 2007 00:00

In her judgement, Mujaji said she considered all the mitigation factors submitted by defence counsel Lyndon Mothusi and Shire's husband Varian. 'I have also considered that you are aged 40 and 45 respectively and that you are female offenders. The first accused person (Shire) is taking care of a mentally retarded child.

 

You were in transit from Somalia to South Africa running away from a war torn country. This is a major mitigation factor that you committed this offence under these circumstances,' Mujaji said.

Although the two convicts wanted to join their families and children in South Africa, the magistrate said an offence is an offence and they must be punished for it. She said that this should be a lesson to them and others that laws of other countries must be obeyed.

 

In mitigation Varian said that his wife suffers from an ailment of fainting as a result of gunshots she sustained during the civil war in Somalia. 'She left Somalia to look for peace in other countries and to stay with me, her husband,' Varian said. He added that it would not be in his interest for his wife to be sent to jail. He said his wife and mentally retarded child have been detained since January 30. He disclosed that he knew the second accused Yusuf and it would not be in the interest of her husband for the wife to be incarcerated. 'The court should also extend a hand of kindness to the second accused person. She also has children.'

 

When summing up the mitigating of sentence Mothusi submitted that the court should view his clients' status as people on the run and that they should be treated like any other citizen who has committed an offence. He pleaded with Mujaji to discharge his clients and submitted that an order be made for them to be transferred to South Africa where their husbands are presently staying.

The two women were charged with uttering false documents at Ngwasha veterinary gate to the police who had mounted a roadblock. During their trial yesterday they appeared with Shire's young boy who was running all over Mujaji's courtroom until a relative was politely asked to take him out.