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'The abuse caught up with me'
22/10/2005 10:17  - (SA)  

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    Pietermaritzburg - A woman who suffered abuse and humiliation at the hands of her common law husband, was on Friday given an eight-year suspended sentence with conditions at the Pietermaritzburg High Court.

    Pearl Stockdale's sentencing followed a plea agreement.

    Stockdale, 23, admitted to killing Johnathan Padayachee, 35, the father of her three-year-old daughter, on September 26 last year.

    She had been living with Padayachee, the owner of Good Fellows tavern in Church Street, for three years.

    She said that a day before the killing, Padayachee had been out drinking and partying with his friends. He arrived home the following day at 11:00, in a drunk and abusive state.

    The couple's child and a relative of Stockdale's were with her.

    Abusive towards the child

    When the child told Padayachee not to shout at Stockdale, he began shouting at the child instead.

    "I noticed that he had become increasingly abusive towards the child in the past two months," said Stockdale.

    Padayachee demanded food, but rejected the meal she gave him as "shit" and hurled obscenities at her. She took the food back to the kitchen and he followed and slapped her.

    When he went to sleep, Stockdale called a friend for assistance but does not remember what she said to her, or even ending the call.

    Stockdale then took Padayachee's gun and went into the bedroom.

    "I recall hearing the bang of the firearm in my ears. I saw the bullet wound to his head."

    "I was extremely scared as his body was still moving and I thought he was going to get up and assault me," she said.

    "My life with the deceased had hardly been bearable and my decision to shoot the deceased was made at a time when I was emotionally distraught and unable to exercise a normal degree of self-control," she said, adding that she was still able to appreciate the wrongfulness of her actions.

    Stockdale said she thinks the years of abuse and humiliation finally caught up with her.

    Stockdale must perform 200 hours of community service under the supervision of Nicro and attend any programme prescribed by Nicro.

    Judge Jan Hugo was satisfied that there were substantial and compelling reasons justifying the sentence.

    "I am satisfied that this is a just sentence," he said. Hugo told Stockdale that if she complies with the conditions, he is hopeful that at the end of it all she will live a happy life.

    - The Witness



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