Appeal backfires as court ups wife-beater’s sentence

SOMETIMES it is better to let sleeping sentences lie, a Gobabis district farmer and musician who appealed against the jail term he received for beating his wife to death learned in the High Court in Windhoek this week.

His appeal was not only dismissed, but his sentence was increased from four to six years’ imprisonment. “The clear and unequivocal message which should resonate from the courts in Namibia is that crimes involving domestic violence will not be tolerated and that sentences will be appropriately severe,” Acting Judge Dave Smuts states in the judgement with which he sent Michael Bohitile back to prison with a heavier sentence yesterday.Acting Judge Smuts delivered his judgement a day after he had heard an appeal from Bohitile against the sentence that he received in the Gobabis Regional Court on July 21 2004.Bohitile was sentenced by Regional Court Magistrate Dinnah Usiku on the same day that he had pleaded guilty to a charge of culpable homicide.Bohitile – then 43 years old, and the father of 16 children – admitted that he had caused the death of his 24-year-old common-law wife and fellow musical artist, singer Julia Glass, through the severe thrashing that he subjected her to on March 13 2003.Bohitile admitted that he beat Glass with a sjambok during an argument that they had at their home at the farm James Hope, some 60 kilometres south of Gobabis, on that evening.His explanation to the court was that he suspected her of unfaithfulness.The court was also told that Bohitile did not intend to kill Glass when he gave her the flogging that would claim her life, but that he admitted that he was negligent by not taking her for medical treatment after the assault.The trial court heard that Bohitile eventually decided to take Glass to Gobabis for medical treatment the next morning.By then it was too late, though, and she was dead by the time he reached Gobabis.Magistrate Usiku sentenced Bohitile to five years in jail, of which one year was conditionally suspended for five years.In Acting Judge Smuts’s opinion, though, the Magistrate had been too lenient, it appears from the appeal judgement that was handed down yesterday.The Magistrate should have taken more account of the aggravating factors of Bohitile’s crime itself and the context of domestic violence in which it was committed, Acting Judge Smuts commented.Glass’s autopsy report shows that at least 35 linear abrasions were found on various parts of her body, Acting Judge Smuts noted.”These injuries thus show repeated and sustained blows,” he stated.”Despite the massive beating which (Bohitile) inflicted upon the deceased, he did not take her to hospital that night,” he also noted.”The evidence evinces an act of brutality of grave proportions.”It is a notorious fact that domestic violence, and in particular violence against women, is widespread throughout Namibia, the Acting Judge added: “This important factor, in my view, gives cause for appropriate deterrent sentencing.”He remarked: “The prevalence of domestic violence and the compelling interest of society to combat it, evidenced by the recent legislation to that effect, require that domestic violence should be regarded as an aggravating factor when it comes to imposing punishment.Sentences imposed in this context, whilst taking into account the personal circumstances of the accused and the crime, should also take into account the important need of society to root out the evil of domestic violence and violence against women.In doing so, these sentences should reflect the determination of courts in Namibia to give effect to and protect the constitutional values of the inviolability of human dignity and equality between men and women.”He set aside Bohitile’s initial sentence, and imposed a sentence of eight years’ imprisonment, of which two years were conditionally suspended for five years.The sentence was backdated to July 21 2004.Bohitile had been in Police custody for a year and four months before he was sentenced.Bohitile’s appeal was argued by Linus Mokhatu at the request of the court.State advocate Andrew Muvirimi represented the prosecution during the appeal.”The clear and unequivocal message which should resonate from the courts in Namibia is that crimes involving domestic violence will not be tolerated and that sentences will be appropriately severe,” Acting Judge Dave Smuts states in the judgement with which he sent Michael Bohitile back to prison with a heavier sentence yesterday.Acting Judge Smuts delivered his judgement a day after he had heard an appeal from Bohitile against the sentence that he received in the Gobabis Regional Court on July 21 2004.Bohitile was sentenced by Regional Court Magistrate Dinnah Usiku on the same day that he had pleaded guilty to a charge of culpable homicide.Bohitile – then 43 years old, and the father of 16 children – admitted that he had caused the death of his 24-year-old common-law wife and fellow musical artist, singer Julia Glass, through the severe thrashing that he subjected her to on March 13 2003.Bohitile admitted that he beat Glass with a sjambok during an argument that they had at their home at the farm James Hope, some 60 kilometres south of Gobabis, on that evening.His explanation to the court was that he suspected her of unfaithfulness.The court was also told that Bohitile did not intend to kill Glass when he gave her the flogging that would claim her life, but that he admitted that he was negligent by not taking her for medical treatment after the assault.The trial court heard that Bohitile eventually decided to take Glass to Gobabis for medical treatment the next morning.By then it was too late, though, and she was dead by the time he reached Gobabis.Magistrate Usiku sentenced Bohitile to five years in jail, of which one year was conditionally suspended for five years.In Acting Judge Smuts’s opinion, though, the Magistrate had been too lenient, it appears from the appeal judgement that was handed down yesterday.The Magistrate should have taken more account of the aggravating factors of Bohitile’s crime itself and the context of domestic violence in which it was committed, Acting Judge Smuts commented.Glass’s autopsy report shows that at least 35 linear abrasions were found on various parts of her body, Acting Judge Smuts noted.”These injuries thus show repeated and sustained blows,” he stated.”Despite the massive beating which (Bohitile) inflicted upon the deceased, he did not take her to hospital that night,” he also noted.”The evidence evinces an act of brutality of grave proportions.”It is a notorious fact that domestic violence, and in particular violence against women, is widespread throughout Namibia, the Acting Judge added: “This important factor, in my view, gives cause for appropriate deterrent sentencing.” He remarked: “The prevalence of domestic violence and the compelling interest of society to combat it, evidenced by the recent legislation to that effect, require that domestic violence should be regarded as an aggravating factor when it comes to imposing punishment.Sentences imposed in this context, whilst taking into account the personal circumstances of the accused and the crime, should also take into account the important need of society to root out the evil of domestic violence and violence against women.In doing so, these sentences should reflect the determination of courts in Namibia to give effect to and protect the constitutional values of the inviolability of human dignity and equality between men and women.”He set aside Bohitile’s initial sentence, and imposed a sentence of eight years’ imprisonment, of which two years were conditionally suspended for five years.The sentence was backdated to July 21 2004.Bohitile had been in Police custody for a year and four months before he was sentenced.Bohitile’s appeal was argued by Linus Mokhatu at the request of the court.State advocate Andrew Muvirimi represented the prosecution during the appeal.