Court frees Hengari and co-accused on N$15 000 bail each
After more than three months behind bars, former agriculture minister Mac Hengari will not spend another night in a prison cell at the Windhoek Correctional Facility – and neither will his 31-year-old co-accused.
The two men have been in custody since their arrest in Windhoek on 26 April.
The co-accused is not being named, as he is related to the woman who filed a rape complaint against Hengari.
The duo were granted bail of N$15 000 each by magistrate Monica Andjaba yesterday, following a nearly two-week bail hearing that began in late July and concluded on 4 August with closing submissions.
They are expected to return to court on 15 August for plea and trial on charges of defeating or obstructing the course of justice.
No evidence of bribe
The charges stem from allegations by the State that Hengari and his co-accused – the brother of the alleged rape victim – attempted to bribe the woman to withdraw her complaint against the former minister.
The State alleged that N$220 200 was handed to the complainant on 26 April as an inducement to drop the accusation against Hengari.
However, in her ruling, the magistrate expressed doubt about the State’s assertion that it has a prima facie case, noting that no evidence before the court proves Hengari paid a bribe.
She also noted that the cash was not found in the complainant’s possession but was discovered in the front of the car, between Hengari’s feet.
During the bail hearing, Hengari testified that the large sum of money found with him was intended for farm expenses and to pay his farm workers.
Hengari also argued that he was not a flight risk, had strong ties to the community and would not interfere with witnesses or the investigation.
He told the court he believed his arrest was the result of a trap.
"I was arrested as a consequence of a trap," he testified.
Guilt denied
Hengari denied guilt on the charge of defeating or obstructing the course of justice.
In addition to this charge, Hengari and the second accused face charges of corruptly giving gratification and incitement to commit the offence of compounding, which involves unlawfully withdrawing a criminal case in exchange for payment.
His defence maintained that the charges were based on assumptions without substantiating evidence.
The case has attracted attention from members of the Ovaherero community, some of whom called for Hengari’s release, insisting on his innocence.
The two men have been in custody since their arrest in Windhoek on 26 April.
The co-accused is not being named, as he is related to the woman who filed a rape complaint against Hengari.
The duo were granted bail of N$15 000 each by magistrate Monica Andjaba yesterday, following a nearly two-week bail hearing that began in late July and concluded on 4 August with closing submissions.
They are expected to return to court on 15 August for plea and trial on charges of defeating or obstructing the course of justice.
No evidence of bribe
The charges stem from allegations by the State that Hengari and his co-accused – the brother of the alleged rape victim – attempted to bribe the woman to withdraw her complaint against the former minister.
The State alleged that N$220 200 was handed to the complainant on 26 April as an inducement to drop the accusation against Hengari.
However, in her ruling, the magistrate expressed doubt about the State’s assertion that it has a prima facie case, noting that no evidence before the court proves Hengari paid a bribe.
She also noted that the cash was not found in the complainant’s possession but was discovered in the front of the car, between Hengari’s feet.
During the bail hearing, Hengari testified that the large sum of money found with him was intended for farm expenses and to pay his farm workers.
Hengari also argued that he was not a flight risk, had strong ties to the community and would not interfere with witnesses or the investigation.
He told the court he believed his arrest was the result of a trap.
"I was arrested as a consequence of a trap," he testified.
Guilt denied
Hengari denied guilt on the charge of defeating or obstructing the course of justice.
In addition to this charge, Hengari and the second accused face charges of corruptly giving gratification and incitement to commit the offence of compounding, which involves unlawfully withdrawing a criminal case in exchange for payment.
His defence maintained that the charges were based on assumptions without substantiating evidence.
The case has attracted attention from members of the Ovaherero community, some of whom called for Hengari’s release, insisting on his innocence.
Comments
Namibian Sun
No comments have been left on this article