Cellphone admitted in sex trial

Evidence led in the High Court yesterday centred around a cellphone on which the children say they watched pornographic videos to 'know what to do'.

12 July 2018 | Justice

A Samsung Galaxy cellphone has been handed in as an exhibit in the trial of a former hostel father, who is charged with the rape of ten Karundu Primary School boys at Otjiwarongo.

Mervin Nguyapeua, who is standing trial in the Windhoek High Court, is alleged to have raped the boys over a period of three years, after showing them porn videos on his phone.

Forensic expert, Dr Paul Ludik, testified yesterday that the 48-year-old accused was the only person in possession of the cellphone's pin code, unless he had given it someone else.

Nguyapeua testified earlier that he had received the phone in December 2015.

Ludik explained further that the transfer of data or images from the phone to another device could only have been done through Bluetooth.

“You will not be able to determine when the videos were viewed, simply because they were erased,” Ludik said.

Some of the victims, who testified in the case, said they regarded Nguyapeua as a father figure.

They alleged they watched pornographic videos on his phone in the presence of his children.

“In in terms of the provisions of the Convention on Prohibition of Child Pornography the accused under such circumstances would be criminally liable,” Ludik emphasised.

Nguyapeua is facing 32 counts of rape.

The victims allege he had sexually violated them on different occasions.

It is alleged he committed the offences while living at a hostel at the school.

The accused had earlier pleaded not guilty to 32 charges of rape and 27 alternative charges of committing sexual acts involving ten boys younger than 16, from 2013 to 2015, when he was employed as caretaker at the school hostel.

Some of the victims who testified could not be named, as they are underage.

They alleged the accused would ask if they had ever seen sex between men and women, and if they said no, he would call them to his room and give them a cellphone containing pornography. He would allegedly then have sex with them and even kissed some of them on their ears.

“While I was watching, he started undressing himself and thereafter unzipped my pants. He then took body lotion and rubbed it on my penis and took some lotion and rubbed it between his bottoms (sic),” one boy had testified.

It was further said Nguyapeua would then bend down and instruct him to do what he saw in the video, which the boy did.

The trial is continuing before Judge Alfred Siboleka.

Serendine Jacobs the prosecutor, while Milton Engelbrecht appears for the defence.


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