Court delays City cop rape bail ruling

30 April 2020 | Justice

ELLANIE SMIT

WINDHOEK



Judgement in the bail application of City Police spokesperson Fabian Amukwelele, who has been charged with allegedly raping a colleague, has been postponed to 8 May by the Windhoek Magistrate's Court in Katutura.

Senior magistrate Shaatuna Kalla said yesterday the court could not deliver its ruling due to several concerns that first needed to be addressed.

Kalla expressed concern over whether there would be any contact between Amukwelele and the complainant at their places of work if he should be released on bail.

They are both employed by the City of Windhoek.



Evidence outstanding

She also mentioned two outstanding witness statements as well as the fact that the State has expressed concern that Amukwelele will interfere with the case.

Defence lawyer Mbushandje Ntinda said Amukwelele and the complainant work in separate departments.

While Amukwelele works at the City Police headquarters and is office-bound, the complainant is employed as a civil engineer at the City's head office, he said.



Five kilometres apart

According to Ntinda, these divisions are at least five kilometres apart.

He said the only contact they may have is when working on projects together, and the court can impose a condition that Amukwelele does not come within a certain distance of the complainant.

He said if this condition is violated, bail can be withdrawn.

Nitinda further said that Amukwelele and the complainant's residences are also about five kilometres apart as he lives in Rocky Crest and she in Dorado Park.

State prosecutor Rowan van Wyk said statements had been obtained from Amukwelele's landlord and his son, however, the State still fears there will be interference, as Amukwelele had previously obtained information regarding the case before the State.

“The applicant (Amukwelele's) ability to be ahead in the case and for him to have information before us causes fear of interference and that he might influence the witnesses.”

Van Wyk said there are also DNA results outstanding. Due to the closure of the borders because of the coronavirus, samples could not be sent for testing.

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