Man pleads for reduced sentence

Patricia Edwin
Staff Writer | Thursday June 6, 2013 00:00

The appellant, Peter Bathaetsi Motingwa, 65, went before the High Court for appeal and stated that the charges against him were bogus 'from the word go'. He said so bogus were the charges that the magistrate in Mahalapye dismissed the case against him, only for it to later be reinstated.  When Motingwa was called to the dock he could barely walk, and a prison officer explained to the court that he was also hard of hearing.

Motingwa pleaded with the court to release him or at the very least reduce his sentence. He was sentenced to 10 years for rape and six years for indecent assault and the sentences were to run concurrently.He has already served three years. 'I have been set up by these people. Your honour, please at least reduce the sentence so that I can take half. I am dying,' he begged.  Motingwa said the only offence he committed was taking care of his stepchildren because their mother was irresponsible.

Information before court is that Motingwa bathed his female stepchildren aged 14 and 15-year-old and often put his fingers in their private parts. He eventually raped one of them.  'The only offence I committed was taking care of these children while their mother was away. I bathed them, cooked for them, took them to school and washed their clothes every time I came back from Gaborone,' he said.  He told the court that he was aggrieved because all he wanted to do was help these children who had been abandoned by their 'irresponsible' mother, not knowing that they would later conspire against him and report him for rape and indecent assault.  Motingwa further submitted that he was never taken to the hospital to be checked if indeed he raped the child.  'I do not know if the law has changed because what I know is that when a sexual assault has taken place, the suspect and the victim have to be taken to the hospital for testing and that never happened in my case,' he said.  He further asked the court to overturn his conviction because he did not know anything about this offence.  'When I bathed these children, they were wearing their underpants and I never put my fingers in their private parts. Their mother told me that the children did not respect her and refused to bath, but they would listen to me so I bathed them. It was not a secret that I was bathing the children,' stated Motingwa.  Prosecutor Sylvester Mokwaisi said the conviction and sentence were safe and lenient because the appellant was entrusted with the safety of the children and he abused it.  He said that there was proof that the appellant indecently assaulted his stepchildren and went to the extent of raping one of them.  'The children protested saying they could do it themselves. Putting his fingers in their private parts is too much,' he said.  He said at one point, the children reported to their mother who said she would speak with Motingwa.  Justice Makhwade said that he would like to know what was the cut-off age for a father to bathe his children and also the appropriate way of bathing them.'What is against the law his bathing them or the manner in which he bathed them?' he enquired.  He set the matter down for judgment on June 21.