City cop waits for rape bail ruling

27 April 2020 | Justice

ELLANIE SMIT

WINDHOEK



City Police spokesperson Fabian Amukwelele's lawyer has lashed out at the State for not calling the complainant in his rape case to testify in his formal bail application.

The bail application has been postponed until Wednesday, when Senior Magistrate Shaatuna Kalla will make her ruling.

The fact that the complainant, a City Police colleague of Amukwelele's, had not been called to the stand was latched onto by defence lawyer Mbushandje Ntinda on Friday during closing arguments in the Windhoek Magistrate's Court in Katutura. Amukwelele (37) was arrested on 8 April after he was accused of raping his 29-year-old colleague in January. His colleague fell pregnant.

The rape charge stems from an incident that occurred on 11 January at Amukwelele's Rocky Crest home.

'Hearsay' evidence

Ntinda on Friday took issue with the fact that the complainant did not take the stand.

Instead, Dr Veronica Theron from the Office of the First Lady, who is also a social worker, testified on her behalf. Theron had counselled the complainant after the incident.

Ntinda said Theron's testimony was inadmissible hearsay, and while the State identified her as an expert witness, she was not objective.

He further questioned the role of the State's second witness, Sergeant Emilie Nambahu of the Gender-based Violence Protection Unit, saying when testifying she indicated that she was not the investigating officer and only assisted in initially opening the rape case.

Nitinda wanted to know why the investigating officer was not called to give evidence.



Not a trial

State prosecutor Rowan van Wyk emphasised that a bail application is not a trial.

“The prosecution does not does not have to prove beyond a reasonable doubt that the applicant (Amukwelele) is guilty at this stage of the proceedings. The requirement at this stage is for the prosecution to show through credible evidence that there is a prima face case against him.”

According to Van Wyk, both Amukwelele and Theron testified that the complaint said she was at his residence on the evening of 10 January, that she spent the night and that there was sexual intercourse between them the following morning.

“The complainant has registered a case of rape indicating that the sexual intercourse took place under coercive circumstances and that she informed Amukwelele several times during intercourse that she did not want to have sex.”

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