Durban - A man who acted out of bravado, severely assaulting his girlfriend’s ex-lover, leaving him brain damaged, has asked a court to spare him jail, blaming his troubled upbringing for his violent nature.
William Joubert, 23, on Monday pleaded guilty in the Durban Regional Court to the attempted murder of Mark Lotter, 21.
Joubert admitted to brutally assaulting Lotter at a shop near his girlfriend’s home in Montclair on September 20, 2014, after an argument over the woman turned violent.
The court heard how the clenched fist beating and kicking was so severe that Lotter suffered brain damage which left him in a coma for 18 days.
He has subsequently been left semi-paralysed and his speech has been likened to that of a baby.
In his guilty plea, submitted by defence attorney, Raymond Samuel, Joubert told the court he was sleeping at the house of his girlfriend’s mother when he was awoken by the mother’s boyfriend.
He said he went outside and saw Lotter talking to his girfriend’s mother at the washing line.
He knew that Lotter was the ex-boyfriend who had an acrimonious split with his girlfriend, and that he was not welcome at the home.
Joubert said he tried intervening by asking Lotter to leave the premises.
“Lotter became aggressive and (used) vulgar language towards me, so I decided to leave because I was only a temporary tenant at the premises.
“When I got onto my motorcycle, my girlfriend’s mother called me back and asked me if I was just going to leave like that, or whether I was going to ‘get rid’ of him,” Joubert said.
“He began making inappropriate comments about my girlfriend. I got angry and this led to a scuffle. He ran onto the road and began hurling abuse at me.
“In bravado and to show my girlfriend’s mother that I cared about her, I pursued Lotter on my bike,” he said.
Lotter fled into a nearby shop, where he was cornered by Joubert.
“I entered the shop and when I saw him, he ran behind the counter. I went behind and began assaulting him with my fists. During the altercation he fell to the ground. I noticed he hit his head against the steel shelving of the counter.
“I then booted Lotter on his head before the shop owner intervened and stopped me from further assaulting him. I accept and admit that he could have died as a result of the injuries I inflicted on him,” Joubert said.
Dressed in a black tracksuit, Joubert stood in the dock sobbing as his attorney traced his troubled childhood during argument prior to sentencing.
Samuel said Joubert’s mother was a prostitute and his father incarcerated for most of his (Joubert’s) life.
He was taken from his parents’ custody at the age of 13 by social workers and went to live with his aunt.
He was also regularly beaten by his father.
Samuel claimed Joubert grew up filled with anger because of his childhood.
Both parents had since passed away and the bond he had with his girlfriend was the only love he received, apart from his mother.
Samuel asked for Joubert to receive help rather than imprisonment.
Prosecutor Danette Cole called Lotter’s father, Dean, to testify about the trauma the family had undergone.
The tearful father testified that his son had to undergo brain surgery and only opened his eyes after 18 days in a coma.
“Mark is semi-paralysed and needs physiotherapy. He cannot use his right hand properly and his speech is impaired.
“He speaks like a baby. This has been a very rough and traumatic experience for my family.
“I could be willing to forgive him (Joubert), but it is very hard to accept my son will never be the same person he was,” he said.
The matter was adjourned to next month, pending a correctional supervision report before sentencing.
Daily News