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Mashudu Netsianda, Senior Court Reporter
A VIOLENT soldier serving a one-year jail term for assaulting his wife and smashing her cellphone following a domestic fight, had his sentence quashed by the High Court and substituted with a $100 fine.

Watson Bhebhe (24) was convicted of domestic violence, malicious damage to property and escaping from lawful custody by a Western Commonage magistrate.

He was sentenced to 12 months in jail for escaping from lawful custody and fined $200 or two months in jail for assaulting his wife. For damaging his wife’s cellphone, Bhebhe was given three months which were wholly suspended on condition that he restituted her $250.

Bulawayo High Court judge Justice Nicholas Mathonsi set aside the sentence for escaping from lawful custody and substituted it with a $100 fine or one month imprisonment.

“In the result, it is ordered that the appeal against the sentence in respect of count three (escaping from lawful custody) is hereby upheld. The sentence of the court a quo is set aside and substituted with a fine of $100 or one month imprisonment in default of payment,” ruled the judge.

In addition to the sentence, Bhebhe was slapped with another three months, which was wholly suspended for three years on condition that he does not within that period commit any offence involving escaping from lawful custody.

The judge said there was misdirection on the part of the magistrate.

“The court a quo should have considered the imposition of a fine. The failure to do so was in itself a misdirection given that the appellant is a first offender who pleaded guilty,” said Justice Mathonsi.

The court heard that on March 19 this year, Bhebhe had an altercation with his wife resulting in him assaulting her several times all over the body and pulling her braids.

After assaulting the victim, Bhebhe grabbed her cellphone and smashed it. A report was made to the police leading to Bhebhe’s arrest and he was taken to Luveve Police Station where he was detained.

At about 9AM, Bhebhe was taken out of the holding cells for a recording of his statement. However, after the statement was recorded, Bhebhe took advantage of security laxity and escaped from police custody. He was re-arrested a few metres away from the police station by police officers who pursued him.—@mashnets.