Acting Deputy Chief Magistrate, Emma Garo made this remarks when handing down her sentence yesterday in the Honiara Magistrate’s Court.
The accused, John Brown Tohe was convicted and sentenced to 10 years jail term yesterday for one count of grievous bodily harm, one count of assault causing actual bodily harm and two counts of indecent assault.
But he will only serve eight years in jail for two years was deducted as the court was of the view, the 10 years would be crushing for him.
This was for offences he committed between April 8 and November 19, 2008 at various locations at Piruma Village in Makira, Makira/Ulawa Province.
He accused his wife of having an affair then assaulted her in effort forced her into making a false admission.
Tohe assaulted her by punching and kicking her.
The impact of a serious of strong punch her right eye caused her to suffer serious injury which resulted in permanent blindness now.
He further assaulted her six months later with a coconut trunk that landed on her left leg and held her tightly and pushed a small bottle of black sauce into her private part.
Later in the day, when Tohe told his wife to accompany her to pick local tobacco, he stripped off her clothes and assaulted her by beating her head with a paddle and cut her upper legs.
He forced her to lie down by threatening to kill her, she obliged out of fear and Tohe held a dog on top of her and forced the dog to have sex with his wife.
Ms Garo before handing down the imprisonment terms she takes into account mitigation submitted by Tohe’s lawyer.
Taken into account are his early guilty pleas, for being a first time offender that he has already reconciled with his wife and she forgave and accepted him back.
Also taken into account is the period of eight months he spent in custody.
“You both have a 14-year old who is now doing grade four primary education and the sentiments that he raised about the difficulties he has faced during the period that you have been remanded in custody.”
Ms Garo said this is reflective of the possibility that Tohe is a good father but a lousy husband.
“This court must point out that when children are also involved in cases like this, the situation is often very difficult and traumatic for them,” Ms Garo said.
Tohe was first arrested, charged and interviewed on 2008 and then in 2009 for offences he committed in 2008.
By then Tohe was already remanded in custody and have made admissions in respective cautioned police interview.
“There was a delay of two years and eight months in which Ms Garo said there was reason given by the Office of the Director of Public Prosecutions (ODPP) for the delay in prosecuting this matter to some finality.
“When no reason has been given by either the police or the Public Prosecutions Office (ODPP) to explain or justify such a delay, it becomes a serious concern.”
Ms Garo points out that the nature of the assaults and of Tohe’s offending in the circumstances of this case are very serious and are uncommon in this jurisdiction.
“You have treated her worse than any right minded person would have expected.
“Some people even treat their dogs better than you did to your wife and in this instance you have been cruel and inhuman to your wife and also cruel to the dog.”
She said the seriousness of the offending lies in the fact that Tohe have in one day made his wife lived her hell on earth.
“This case must be distinguished from those that have come before the courts in that, the nature of the indecent assault charges to which that accused had pleaded guilty to are, cruel, inhuman, and uncommon in this jurisdiction.”
She said even as her husband, Tohe has no right to do what he did to his wife.
“He has repeatedly committed the offences upon his wife, the very woman he is supposed to protect and the mother of his son.”
By ASSUMPTA BUCHANAN
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