Gang-rape accused found guilty
16 November 2020 | Crime
Three teenagers accused of raping a woman at Gobabis four years ago have been found guilty.
Kingsley Balzer (19), Fritz Naobeb (19), and Norman Witbeen (23) threatened the woman with a knife and a panga while walking her home. They stole her phone afterwards. They were teenagers at the time of committing the crime.
High Court Judge Naomi Shivute found Balzer guilty of one count of rape, Noabeb of two counts of rape, and Witbeen of two counts of rape. They were also found guilty of theft of the phone.
The judge dismissed the accused's defence that the sex had been consensual. She pointed out that their versions of events contradicted each other's testimony.
One of their claims was that the survivor had behaved “like a person who wanted a man.”
Another excuse for the attack was that she had been “very grateful” that the men escorted her home and wanted to repay the favour.
Shivute said one of the men, Noabeb, testified that he only had sex with the complainant because his two co-accused had threatened him with the knife and panga.
The judge concluded that their evidence was not credible and they were unreliable witnesses.
“I therefore reject their versions,” she said.
State advocate Timo Iitula appeared for the prosecution.
Legal Aid-funded lawyers Milton Engelbrecht, Jermaine Muchali and Ndiriraro Kauari appeared for the accused.
The matter was postponed until 25 January for pre-sentencing statements.