Bail appeal success for rape accused

Judge Herman January has concluded that a magistrate’s refusal to grant bail to a Walvis Bay pensioner accused of raping a 13-year-old relative was wrong.

29 July 2021 | Justice

JANA-MARI SMITH

WINDHOEK

A 63-year-old Walvis Bay man accused of raping a 13-year-old relative on several occasions in 2020 has successfully appealed to be granted bail.

High Court Judge Herman January overturned the February ruling of Walvis Bay Magistrate John Sindano, who earlier this year refused to grant bail to the Kuisebmond pensioner.

The man’s name is being withheld to protect the identity of the minor complainant.

In his judgment this month, January granted the pensioner bail of N$3 000 and attached several conditions. These include that the man must report to the Kuisebmond police station three times a week, that he may not leave Walvis Bay without written police consent and that he must surrender all travel documents to the police.

The pensioner was arrested in December last year and charged with raping the minor on three occasions in 2020, including her birthday.

In his bail application, the accused said a primary reason for the bid to be released was his age and his health status, which made him vulnerable to contracting Covid-19 in the overcrowded police cells.

He testified that he shared a small cell with at least 12 other men.

He also cited numerous health conditions that require a special diet and medication.

Moreover, the mother of the teenager he is accused of raping testified in court that she wished the accused to be released on bail.

The mother testified that the alleged victim, who had been staying with the pensioner prior to his arrest, had been moved to a friend’s home so she would not be in contact with her accused attacker.

The investigating officer testified that the investigation was completed and that the accused did not interfere during the investigation.

She admitted that during the investigation, the mother of the complainant had approached her to ask that the charges against the pensioner be withdrawn.

Interference

Magistrate Sindano’s refusal to grant bail was based on several reasons, including what he described as evidence of “dark forces” of interference in the investigation.

In his judgment, Judge January emphasised that an accused person is considered innocent until proven guilty.

“An accused cannot be kept awaiting trial in custody as a form of anticipatory punishment,” he stated.

He stressed that based on the evidence, there was no interference from the accused after his arrest, although the magistrate had placed the burden of the interference of other parties on the accused.

January said the “fear of interference with witnesses, in my view, stands on shaky ground.”

January emphasised that the consideration of bail rests on whether there is certainty that “the administration of justice will be served if the accused is granted bail.”

He concluded that the refusal to grant bail in this matter had been wrong.

“The appellant indicated that he is willing to stand his trial and proposed stringent bail conditions to be attached to the granting of bail. The investigating officer testified that she does not fear that the appellant might abscond although this is not a ground of objection.”

Raywood Rukoro of LorentzAngula Inc. represented the appellant while the State was represented by government-appointed lawyer Innocentia Nyoni.

Similar News

 

No legal aid for Dippenaar in civil lawsuit

3 days ago - 23 September 2021 | Justice

ERWIN LEUSCHNERSWAKOPMUNDClose to seven years after a devastating traffic accident near Henties Bay, which claimed six lives, a trial date is set to be fixed...

‘She is an unruly drunkard’

5 days ago - 21 September 2021 | Justice

TUYEIMO HAIDULA ONDANGWA The woman accused of beating her daughter Wilka Shikongo so...

Man gets 10 years for killing uncle

1 week ago - 14 September 2021 | Justice

TUYEIMO HAIDULA OSHAKATI A man was sentenced to 10 years’ imprisonment in the Oshakati Regional Court last week for stabbing his uncle...

Families of murder-accused pastors seek police protection

1 week ago - 13 September 2021 | Justice

Kenya Kambowe KAHENGERelatives of the two self-proclaimed pastors who are in police custody after allegedly causing the deaths of three people...

Hambukushu chief crossed the line in murder ruling

2 weeks ago - 10 September 2021 | Justice

KENYA KAMBOWE RUNDUThe decision by Hambukushu Traditional Authority leader Erwin Munika Mbambo recently to adjudicate over a matter and fine eight...

Aunt burns nephews’ hands ‘to teach them a lesson’

2 weeks ago - 08 September 2021 | Justice

TUYEIMO HAIDULA OSHAKATIOshikoto police placed two minors in a shelter at Onandjokwe after they survived burn wounds inflicted by their aunt last...

45 years for repeated rape of two boys

2 weeks ago - 06 September 2021 | Justice

TUYEIMO HAIDULAOSHAKATIThe Oshakati Regional Court on Friday imposed a heavy sentence on a man who had raped two young boys over the course of four...

New ombudsman welcomes appointment

2 weeks ago - 06 September 2021 | Justice

OGONE TLHAGEWINDHOEKNewly appointed ombudsman Basilius Dyakugha has dismissed notions that he may not have been the strongest candidate when public interviews were held two weeks...

Judge raises concern over handling of Kora funds

2 weeks ago - 06 September 2021 | Justice

ELLANIE SMITWINDHOEKJudge Herman Oosthuizen last week expressed deep concern in the manner which public funds are handled when he heard closing submissions in the Kora...

Woman guilty of killing baby set free

3 weeks ago - 03 September 2021 | Justice

TUYEIMO HAIDULA OSHAKATI Oshakati Regional Court on Wednesday set free murder convict Martha Ndakalako Kawela who was charged with killing her...

Latest News

Marketing Namibia as an investment...

2 days ago - 24 September 2021 | Economics

PHILLEPUS UUSIKUThe ease of doing business, quality of roads and infrastructure, political and economic stability, good governance and judiciary independence are some of the factors...

Forklifting failure

2 days ago - 24 September 2021 | Others

Natasja ByleveldAre you OK thinking about unconventional ideas that could uplift society and norms to a higher standard? Do you like a challenge, or do...

Big thinker who is not...

2 days ago - 24 September 2021 | People

Contrasting with his considered, analytical, and steady approach to life, Rolf Mendelsohn is an undisputed adventurer. Together with the other founders of Paratus, Rolf...

Children abused as govt turns...

2 days ago - 24 September 2021 | Police

JEMIMA BEUKES WINDHOEKStaff at a centre for orphans and vulnerable people in Katutura...

Economy crawls into the green

2 days ago - 24 September 2021 | Economics

Jo-Maré Duddy WINDHOEKNamibia’s economy grew by 1.6% for the three months ended 30 June, the first positive year-on-year quarterly growth since the...

Oxygen giant spreads misinformation in...

2 days ago - 24 September 2021 | Health

MADLEN DAVIES and TUYEIMO HAIDULA LONDON/OSHAKATI One of the world’s biggest industrial gas companies spread misinformation in an attempt to stop...

Nigeria aims to boost oil...

2 days ago - 24 September 2021 | Economics

Nigeria said Wednesday it aims to produce 1.88 million barrels per day of crude oil next year and the budget will be based on the...

Submissions open for Hollard Sport...

2 days ago - 24 September 2021 | Economics

STAFF REPORTERLockdown and the limitations on gatherings and events have driven those in the sports marketing and promotional space to have to adapt, digitise, dig...

An easy ride-hailing platform

2 days ago - 24 September 2021 | Others

Wetumwene Shikage The everyday experience for many Namibians of getting a taxi to from different locations has been made more convenient. TaxiConnect provides an easy...

Load More