Durban - Violence in society was out of control as South Africans resorted to it as a “means to an end” to resolve disputes, a Durban magistrate has said.
Magistrate Anita Govender was giving her decision in the bail application of 23-year-old William Joubert, accused of a jealous rage when he saw his girlfriend’s ex-boyfriend at her Montclair home.
Joubert has been charged with attempted murder after his alleged “brutal attack” left 21-year-old Mark Lotter with brain damage, the Durban Regional Court heard on Friday.
Govender lashed out at the “very high level” of violence in society saying the courts needed to take cognisance of the extreme violence plaguing communities - especially when dealing with issues stemming from domestic disputes.
“South African people are using violence as a means to an end. I don’t know what is happening in our society… day in and day out our courts are dealing with cases of domestic violence where spouses are killed and it is getting out of control,” Govender said.
Lotter’s sister, Nicolene de Villiers, who sat in the public gallery during Friday’s proceedings, sobbed during Govender’s judgment.
Looking at Joubert who stood in the dock dressed in a grey hoodie and black track pants, Govender said: “Violence seems to be a means to your end. Bail is refused.”
Earlier in the proceedings, the court heard that Joubert had chased Lotter into a shop in Montclair - where he had run to “seek shelter” - on September 20, kicking and stamping on his head repeatedly.
Lotter was taken to hospital and spent 10 days in a coma at Inkosi Albert Luthuli Central Hospital after the attack that left him with a broken jaw, swelling on the brain and broken cheekbones.
He came out of his coma last Tuesday and according to his family, is permanently brain damaged.
Prosecutor Blackie Swart told the court that Joubert had a history of violence.
In 2010 he was convicted of assault with intent to do grievous bodily harm after a brawl at King Shaka International Airport.
He was fined R3 000 and given an 18-month sentence, suspended for five years.
Swart said Joubert had previously been charged with attempted murder but charges were withdrawn.
An affidavit by the investigating officer also claimed that it was not the first time Joubert had assaulted Lotter, although no charges had been laid for the other alleged incident.
Arguing against bail, Swart said when police went looking for Joubert they found him hiding in the ceiling of his home, which demonstrated that he was a flight risk.
Also, Swart argued that witnesses who provided statements to police were fearful of Joubert as he had a violent reputation.
Swart said that the investigation was almost complete and all that was outstanding was the medical reports and a statement from Lotter.
“(However) we are not going to get a statement from him because he is brain damaged.”
Joubert’s attorney, Logan Padayachee, said the court should take into consideration his client’s young age and the fact that he had a permanent job, which he was likely to lose if denied bail.
He argued that the court grant bail with strict conditions.
His argument was rejected by Govender.
Speaking to the Daily News after judgment, De Villiers said: “I was relieved (bail was denied) but at the same time I am still extremely angry because nothing he gets will ever bring my brother back to me the way he was… Why should he be allowed to see the outside world when my brother can’t even see my face.”
Daily News