A Gender Based Violence (GBV) victim, Pearl Montsho has pleaded with the court to release her man despite the state claim that she is being abused.
The victim wants the accused, Keipeile Stoffel prosecutor based in Lobatse, who is currently under custody be released on bail allegedly telling the court that physical fights between the pair are a normality especially after drinking alcohol.
Last week Friday a viral video circulated on social media, showing the accused Stoffel assaulting his girlfriend in front of minor children.
With the public calling for his arrest, Stoffel was arrested and was arraigned before Broadhurst Magistrate Court on Monday.
He has been slapped with three counts; one for ill treatment of children and two common assaults.
On the first count it is alleged that the accused hit Montsho with a stick all over the body. For the second common assault is he is said to have assaulted a minor (names withheld) by pressing her on the collar bone. In the last count of ill treatment Stoffel is accused of unlawfully exposing minors aged 14, 8 and 7 respectively to psychosocial distress when assaulting Montsho.
After his charged were read out to him, Stoffel represented Obonye Jonas applied for bail which the state strongly opposed. Jonas emphased that the charges that are laid against the accused are 'just minor offences.'
“The accused is innocent until proven guilty. The charges he is facing if found guilty he cannot serve more than a year and for ill treatment he can go away with just a fine so this shows you that these are minor offences,” Jonas said.
Even though the public is highly interested in the case, as it has sparked heated arguments on social media, Jonas is of the view that these offences are not that serious.
“The penalties in these are minor; he could even just be fined and not serve a sentence. I don't want to diminish the charges against the accused but these are minor offences so there is absolutely no reason for the accused to be further remanded in custody,” he said.
Jonas labelled one of the charges against Stoffel as just mediocrity arguing that it does not speak to anything.
“The count of common assault where he is accused of pressing on a collarbone, we dont know what he was even pressing and with what. It does not even suggest that any injury was suffered,” he said.
He emphasised that Stoffel be granted bail to go back to his life and practice as an attorney employed by the government. Stoffel works for the Directorate of Public Prosecutions (DPP)
Opposing the bail application, the state called the Investigating Officer (IO) Kesenogile Malebo and social worker Goabaone Mogapi who all explained that the accused should not be granted bail.
Mogapi in her professional view said the victim was still shaken by the events .
“I engaged the victim on the issue but she was reluctant to talk and she wasn't able to open up displaying mostly emotional stress as she was continuously crying in our sessions,” the social worker said.
The IO pleaded that he be denied bail so that she can have enough time to complete her investigations which include receiving a report from the social worker.
However, things took an interesting twist, when the defence lawyer called for the victim to take the stand. Her evidence was in camera.
Mmegi Online is informed that it was then that the victim told court that it was normal for the two lovers to fight, especially after drinking alcohol.
“The victim has never reported anything. She never complained. They say they normally fight particularly when they have had drinks and you heard her saying that she cannot wait to embrace her partner when he is released on bail because she does not oppose it,” Jonas told the media after court.
To counter the victim’s testimony the prosecution sought an order for the victim to be taken for a psychiatric evaluation as they suspect that she might be under duress and her head might not be in the right space.
Meanwhile magistrate Mareledi Dipate is expected to deliver a ruling on the bail application on Thursday.
