Hengari and co-accused plead not guilty to charges
The matter has been referred to the Prosecutor General
Former agriculture minister Mac Hengari (59) and his 31-year-old co-accused on Friday pleaded not guilty to three charges during their plea and trial proceedings in the Windhoek Magistrate’s Court before magistrate Monica Andjaba.
The two are out on N$15 000 bail each.
Defence lawyer Mekumbu Tjitere, representing Hengari, told the court that while the defence had intended to provide a plea explanation, they were unable to do so as disclosure of evidence had not been furnished.
“We requested disclosure, but we were not provided with it, therefore we will not provide a plea explanation,” he said.
The co-accused, who is the brother of the 21-year-old alleged rape victim at the centre of the complaint against the former minister, was represented by lawyer Nafimane Halweendo.
He too pleaded not guilty, stressing that the onus rests on the State to prove its case.
Prosecutor General
Magistrate Andjaba subsequently postponed the matter to 14 November and referred it to the Prosecutor General’s Office for decision on whether the accused should face trial in a higher court, what charges should be pursued, or whether the case should be withdrawn altogether.
The two were jailed in late April for allegedly attempting to pay a bribe to the alleged rape victim.
They face charges of obstructing the course of justice, read with provisions of the Riotous Assemblies Act, as well as corruptly giving gratification as inducement, incitement to commit an offence of compounding, and contravening Section 34 of the ACC Act of 2003.
The magistrate, who delivered her ruling on bail one week ago, expressed doubt about the State’s claim that it has a prima facie case, noting that there was no evidence before the court to prove that Hengari paid a bribe.
She also explained that the cash was not found in the complainant’s possession but was instead discovered at the front of the car, between Hengari’s feet, before bail was granted.
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The two are out on N$15 000 bail each.
Defence lawyer Mekumbu Tjitere, representing Hengari, told the court that while the defence had intended to provide a plea explanation, they were unable to do so as disclosure of evidence had not been furnished.
“We requested disclosure, but we were not provided with it, therefore we will not provide a plea explanation,” he said.
The co-accused, who is the brother of the 21-year-old alleged rape victim at the centre of the complaint against the former minister, was represented by lawyer Nafimane Halweendo.
He too pleaded not guilty, stressing that the onus rests on the State to prove its case.
Prosecutor General
Magistrate Andjaba subsequently postponed the matter to 14 November and referred it to the Prosecutor General’s Office for decision on whether the accused should face trial in a higher court, what charges should be pursued, or whether the case should be withdrawn altogether.
The two were jailed in late April for allegedly attempting to pay a bribe to the alleged rape victim.
They face charges of obstructing the course of justice, read with provisions of the Riotous Assemblies Act, as well as corruptly giving gratification as inducement, incitement to commit an offence of compounding, and contravening Section 34 of the ACC Act of 2003.
The magistrate, who delivered her ruling on bail one week ago, expressed doubt about the State’s claim that it has a prima facie case, noting that there was no evidence before the court to prove that Hengari paid a bribe.
She also explained that the cash was not found in the complainant’s possession but was instead discovered at the front of the car, between Hengari’s feet, before bail was granted.
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