'I am the victim' - Sidney Halupe
Accused seeks bail
Sidney Halupe, 33, who faces a charge of rape, told the Swakopmund Magistrates’ Court on Monday that he considers himself the victim in the case.
Halupe denied the rape allegation and maintained that the sexual encounter at the centre of the charge was consensual.
He appeared before the magistrate as his long-awaited bail application finally proceeded, following earlier delays caused by the absence of a competent state prosecutor.
The State is now represented by prosecutor Annakleta Kandjimi, while Halupe is represented by Marco Kazondana of Sisa Namandje & Co. Inc.
Taking the stand in his own defence, Halupe rejected the allegation in its entirety.
“I am the victim in this matter,” he told the court, saying he had not unlawfully had sexual intercourse with the complainant and had never used force.
He said the only wrongdoing he could acknowledge was cheating on his fiancée.
Version of the accused
According to Halupe’s version, the complainant came to his office on 1 December to discuss potential work she would do for him, alongside an existing office employee. He said the meeting was professional and that he later paid for the complainant and the office employee to have lunch.
He testified that after lunch, the two women phoned him and asked to be picked up. Both sat in the back seat of his vehicle. He claimed he initially offered to take the complainant back to her place of work, but she insisted that they first drop off the office employee at his business premises. After doing so, he briefly went inside to collect documents.
Halupe told the court that when he returned to the vehicle and prepared to leave, the complainant moved from the back seat to the front passenger seat. He claimed that while they were driving, the complainant initiated intimate sexual contact, after which their conversation turned to relationships and sex.
He told the court they allegedly drove to a beach area between Swakopmund and Walvis Bay, but he refused to have sex there because it was a public space. According to him, the complainant suggested going to his house, which he also declined due to family members being present. They then drove back towards Swakopmund and turned off near the pipeline before the roadblock near the DRC, he testified.
Halupe said they spoke about the fact that a relationship between them would not be possible and claimed the complainant accepted this. He told the court that they then moved to the back seat of the vehicle and had sexual intercourse.
“It was completely consensual,” he insisted, adding that at no stage did the complainant indicate that she did not want to have sex.
He denied any use of force and said he later dropped her off at her workplace.
Alleged motive
Addressing aspects of the charge sheet, Halupe said the complainant was not mentally disabled and was a capable person who worked with computers, typed proposals and contributed ideas. He also rejected any suggestion that the complainant was underage.
He testified that he and the complainant had worked well together and that a bond had developed between them, stating that they trained together, had coffee together and discussed projects and business. He testified that they even kissed at one stage.
Halupe told the court that after the incident, relations between him and people at the gym where the complainant worked deteriorated. He testified that he had assisted the gym for about six years with marketing, bringing in teams and business, but felt he received nothing in return.
He said matters escalated after he informed gym management – including the complainant – that he would be leaving to pursue other opportunities, including a position as an ambassador for the MTC Dome in Swakopmund. He described an emotional reaction from the gym management, claiming they begged him not to leave, a scene he said was captured on gym cameras.
According to Halupe, after his decision to leave, communication with the gym ceased and animosity developed. He suggested this was the motive behind the rape allegation.
The prosecution has formally opposed bail, arguing that Halupe could interfere with the investigation and witnesses and that releasing him would not be in the interest of the public or the administration of justice. The State also cited a risk that Halupe could abscond and said it has a prima facie case – meaning the evidence at this early stage is considered sufficient for the matter to proceed.
‘Law-abiding citizen’
When questioned about the State’s concerns, Halupe said he would not interfere with witnesses or the investigation. He told the court that when police contacted him on 12 December while he was travelling to Windhoek with his family, he immediately returned to Swakopmund and handed himself in.
“I am a law-abiding citizen,” he said.
On the issue of abscondment, Halupe testified that his family, businesses and reputation are rooted in Swakopmund and that he has nothing to run to elsewhere. He said he would attend every court appearance.
He disputed the State’s assertion that it has a prima facie case, maintaining his innocence. He also challenged the argument that releasing him on bail would not be in the public interest.
“I have not been found guilty. I am innocent,” he said, adding that he believes he has the right to bail.
Halupe offered to pay bail of N$10 000 and said he would comply with any conditions imposed by the court.
He also told the court that the case has already had severe consequences for him, including reputational damage, loss of business opportunities and strain on his family.
The bail hearing was expected to continue on Tuesday, with the State set to cross-examine Halupe.
Halupe, an entrepreneur, independent politician and national rugby player, was arrested on 12 December in Swakopmund on a charge of rape.
The police incident report states that the alleged rape occurred at about 14:00 on Monday, 1 December, near the Nonidas pipeline. The complainant is a 20-year-old visually impaired Namibian woman. It is alleged that the suspect unlawfully and intentionally had sexual intercourse with her without her consent. She had allegedly reported the incident to the police.
Halupe denied the rape allegation and maintained that the sexual encounter at the centre of the charge was consensual.
He appeared before the magistrate as his long-awaited bail application finally proceeded, following earlier delays caused by the absence of a competent state prosecutor.
The State is now represented by prosecutor Annakleta Kandjimi, while Halupe is represented by Marco Kazondana of Sisa Namandje & Co. Inc.
Taking the stand in his own defence, Halupe rejected the allegation in its entirety.
“I am the victim in this matter,” he told the court, saying he had not unlawfully had sexual intercourse with the complainant and had never used force.
He said the only wrongdoing he could acknowledge was cheating on his fiancée.
Version of the accused
According to Halupe’s version, the complainant came to his office on 1 December to discuss potential work she would do for him, alongside an existing office employee. He said the meeting was professional and that he later paid for the complainant and the office employee to have lunch.
He testified that after lunch, the two women phoned him and asked to be picked up. Both sat in the back seat of his vehicle. He claimed he initially offered to take the complainant back to her place of work, but she insisted that they first drop off the office employee at his business premises. After doing so, he briefly went inside to collect documents.
Halupe told the court that when he returned to the vehicle and prepared to leave, the complainant moved from the back seat to the front passenger seat. He claimed that while they were driving, the complainant initiated intimate sexual contact, after which their conversation turned to relationships and sex.
He told the court they allegedly drove to a beach area between Swakopmund and Walvis Bay, but he refused to have sex there because it was a public space. According to him, the complainant suggested going to his house, which he also declined due to family members being present. They then drove back towards Swakopmund and turned off near the pipeline before the roadblock near the DRC, he testified.
Halupe said they spoke about the fact that a relationship between them would not be possible and claimed the complainant accepted this. He told the court that they then moved to the back seat of the vehicle and had sexual intercourse.
“It was completely consensual,” he insisted, adding that at no stage did the complainant indicate that she did not want to have sex.
He denied any use of force and said he later dropped her off at her workplace.
Alleged motive
Addressing aspects of the charge sheet, Halupe said the complainant was not mentally disabled and was a capable person who worked with computers, typed proposals and contributed ideas. He also rejected any suggestion that the complainant was underage.
He testified that he and the complainant had worked well together and that a bond had developed between them, stating that they trained together, had coffee together and discussed projects and business. He testified that they even kissed at one stage.
Halupe told the court that after the incident, relations between him and people at the gym where the complainant worked deteriorated. He testified that he had assisted the gym for about six years with marketing, bringing in teams and business, but felt he received nothing in return.
He said matters escalated after he informed gym management – including the complainant – that he would be leaving to pursue other opportunities, including a position as an ambassador for the MTC Dome in Swakopmund. He described an emotional reaction from the gym management, claiming they begged him not to leave, a scene he said was captured on gym cameras.
According to Halupe, after his decision to leave, communication with the gym ceased and animosity developed. He suggested this was the motive behind the rape allegation.
The prosecution has formally opposed bail, arguing that Halupe could interfere with the investigation and witnesses and that releasing him would not be in the interest of the public or the administration of justice. The State also cited a risk that Halupe could abscond and said it has a prima facie case – meaning the evidence at this early stage is considered sufficient for the matter to proceed.
‘Law-abiding citizen’
When questioned about the State’s concerns, Halupe said he would not interfere with witnesses or the investigation. He told the court that when police contacted him on 12 December while he was travelling to Windhoek with his family, he immediately returned to Swakopmund and handed himself in.
“I am a law-abiding citizen,” he said.
On the issue of abscondment, Halupe testified that his family, businesses and reputation are rooted in Swakopmund and that he has nothing to run to elsewhere. He said he would attend every court appearance.
He disputed the State’s assertion that it has a prima facie case, maintaining his innocence. He also challenged the argument that releasing him on bail would not be in the public interest.
“I have not been found guilty. I am innocent,” he said, adding that he believes he has the right to bail.
Halupe offered to pay bail of N$10 000 and said he would comply with any conditions imposed by the court.
He also told the court that the case has already had severe consequences for him, including reputational damage, loss of business opportunities and strain on his family.
The bail hearing was expected to continue on Tuesday, with the State set to cross-examine Halupe.
Halupe, an entrepreneur, independent politician and national rugby player, was arrested on 12 December in Swakopmund on a charge of rape.
The police incident report states that the alleged rape occurred at about 14:00 on Monday, 1 December, near the Nonidas pipeline. The complainant is a 20-year-old visually impaired Namibian woman. It is alleged that the suspect unlawfully and intentionally had sexual intercourse with her without her consent. She had allegedly reported the incident to the police.
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