The court heard the offences were committed while the couple’s two-year-old child was present.
A former Northern Cape prosecutor has found himself on the opposite end of the law after physically and sexually assaulting his partner.
The 40-year-old man – formerly based at the Upington District Court – was recently sentenced to 10 years’ imprisonment for sexual assault, assault with intent to do grievous bodily harm (GBH), contravening a protection order, and driving under the influence of alcohol.
His identity has been withheld to protect that of his partner.
Former prosecutor convicted over domestic violence attack
The conviction and sentencing came after the man was arrested for a domestic incident that happened on 13 November 2022 at their home in Paballelo near Upington.
National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said evidence before the court revealed that the couple had engaged in an argument after the woman told the man she wanted out of the relationship.
The man accused the woman – a then 29-year-old member of the South African Police Service (SAPS) – of infidelity and then assaulted and sexually assaulted her.
He carried out the offences while their two-year-old was present in their home.
Police colleagues intervened during the incident
The police officer managed to escape.
“The complainant managed to escape when Saps colleagues, who had arrived to collect her for duty, intervened,” Senokoatsane said.
“A criminal case was subsequently opened, and the accused was arrested.”
During the trial, control prosecutor Charnill Kok presented evidence from several witnesses.
The witnesses, Senokoatsane said, included Saps members who were among the first responders.
They testified about the woman’s physical and emotional state following the incident and the man’s conduct when police officers attempted to intervene.
“The state also presented a Victim Impact Statement compiled with the assistance of court preparation officer Ashley Groenewald, detailing the profound effect of the incident on both the complainant and the minor child,” the NPA spokesperson said.
“In addition, the state called a registered forensic nurse from Dr Harry Surtie Hospital in Upington, who testified regarding the J88 medico-legal examination and the injuries sustained by the complainant.”
The woman also testified about the events that transpired on the day of the incident.
Senokoatsane said the prosecution of this case demonstrated that allegations of criminal conduct were subjected to due process “regardless of the position or occupation of the accused”.
Court suspends part of the prison sentence
The court imposed 10 years’ imprisonment for assault GBH, four of which are suspended for five years on condition that he is not convicted of assault with intent to do grievous bodily harm, attempted murder, culpable homicide arising from an assault, or murder committed during the period of suspension.
It also handed him six months’ imprisonment for sexual assault, 12 months for contravention of a protection order and six for driving under the influence of alcohol.
The court further ordered that the sentences imposed for sexual assault and driving under the influence of alcohol run concurrently with the assault GBH and contravening the protection order sentences.
On 17 July, the man was acquitted on two counts of rape and a charge of compelling or causing a child to witness a sexual offence.
Regarding the two charges, the court found that the state had not proved those charges beyond a reasonable doubt.
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