LOVE ON TRIAL
In times when social media dominates public discourse and individuals are celebrated for the good but ridiculed and brutalised for the bad, a thin line exists between public judgment and the actual
parameters of the law.
What may seem extremely horrible in the eyes of the public, provoking outrage and anger, does not automatically mean that the courts of law can impose punishments beyond what the law provides.
This is the central argument advanced by defence attorney Obonye Jonas, representing Keipeile Stoffel (35), who stands accused of battering his partner and ill-treating children.
On Tuesday, during bail arguments, Jonas urged the Magistrate not to deny his client freedom, stressing that the penalties provided under the law for the charges are minor.
“When looking at the penalties that can be imposed if my client is found guilty of common assault, the maximum sentence is one year in prison. For ill-treatment of children, the maximum sentence is six months,” Jonas argued.
He said that no Magistrate can impose a 30-year sentence for such offences. “That is the law,” he said firmly.
According to Jonas, it makes little sense for his client to remain incarcerated for what he described as a “minor offence”, and this is not to suggest that he underestimates the seriousness of the matter
before the court.
He argued that in the broader scheme of criminal law, the possible penalties are too light to justify prolonged detention.
Jonas further warned that continued incarceration could cost Stoffel his job and that he should be allowed to get back to his life instead of languishing in jail while awaiting trial.
He pointed out that Stoffel had fully cooperated with law enforcement when called, and the police did not need to hunt him down.
He labelled the case straightforward and dismissed the need for a prolonged investigation.
“We are not dealing with a money laundering case here. This is as simple as a case of a slap, who slapped whom,” he argued.
Jonas even went as far as to challenge the charge sheet, insisting that some of the allegations do not even amount to an offence. These, he said, would be strongly contested as the case progresses.
“He is employed and needs to go back to work. Continued incarceration might cause him to lose his job. Allow him to return to his life so that he can provide for these same children,” Jonas said.
The lawyer argued that it made no sense for Stoffel to suffer incarceration now for a punishment he may not even receive if convicted.
If anything, the time he has already spent in jail should be enough to have taught him a lesson that what he is accused of doing, if he did it, is wrong.
He also told the court that the alleged victim told the court under oath that she longed to reunite with Stoffel.
“After the victim said she cannot wait to be with her lover, it means the case is destined to collapse,” Jonas insisted.
According to him, the woman’s testimony, which was delivered in camera, indicated that she was at peace with Stoffel.
“She is saying they love each other, and she cannot wait to receive him at home. She told this court she even cried when a social worker was speaking to her because she was watching her innocent man, a doting father to her children, being taken away.”
The defence lawyer maintained that the state cannot forcibly separate two people who, according to the alleged victim, remain in love and wish to stay together.
Magistrate Mareledi Dipate is expected to deliver judgment on Stoffel’s bail application this Thursday.
The current case can be compared to another assault matter that went viral on social media involving Kevin Motsumi in 2020, popularly known as the “Debonairs guy.”
Motsumi endured more than 25 slaps at the hands of an enraged Roger Solomon.
At the time, Motsumi told this publication that Solomon turned violent after he suggested that Solomon should not mishandle his partner. A video of the incident went viral, capturing Motsumi saying, “Eitah” before Solomon repeatedly slapped him.
The clip enraged the public, with many calling for harsh punishment. However, as the case proceeded, the most that could be charged was common assault. Solomon was eventually granted bail set at P500.