The accused pleaded not guilty to a charge of domestic violence on August 17, but was found guilty and sentenced in connection with an incident which took place in Reiger Park on June 16, during which he kicked the complainant.
This act of violence was in contravention of an interdict issued against him on March 12, 2010, which stated he was not to assault the applicant or any minor child in the home environment, threaten anyone with violence or enter the shared residence.
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The case was postponed to July 26 for mediation but the court ruled the prosecution would go ahead.
The accused has a previous conviction for assault with the intent to cause grievous bodily harm which dates back to December 1995.
Senior prosecutor Henk Strydom explained that a protection order has no end date.
The effect and existence of an interdict never falls away. Should the complainant request the interdict to be terminated, an inquiry will be held by the magistrate who will then decide whether this would be in the interest of justice and in the best interest of the complainant
In the complainant’s victim impact statement, she said the accused assaulted her in front of her neighbours and children.
“I still fear him even though he no longer lives with us.
“I fear for my life every time I’m around him. Since he is no longer living with us I feel free, can go to church and visit my family,” the complainant stated.
Strydom said what is important to note is that a suspended sentence meted out is on condition that the accused is not convicted of any contravention of the Domestic Violence Act in the next five years.
“The Domestic Violence Act is very broad and encompasses all types of domestic violence, not only physical violence, so a very wide net has been cast with this sentencing to act as a deterrent.”
