State fires all guns against bail
Human Rights activist Phil Ya Nangoloh has told the Oshakati Magistrate's Court the two suspects arrested for allegedly trafficking and sexually abusing a 14-year-old schoolgirl should not be granted bail.
Ya Nangoloh was the State's first witness in the formal bail hearing of Frederick Jacobus Van Zyl (32) and Sylvia Bonifatius (18), who face charges of human trafficking, two counts of rape, immoral practices, drugging a female for unlawful intercourse, as well as a count of stupefying a female for unlawful intercourse.
The two are accused of kidnapping, drugging and raping a 14-year-old Oshakati schoolgirl in July.
They were only arrested in September. Ya Nangoloh, who gave extensive testimony before Chief Magistrate Mika Namweya, explained the two accused are not entitled to bail, and should be held in custody until the matter is finalised.
Making reference to international and local law, as well as the constitution, Ya Nangoloh said the court is prohibited from granting bail when suspects are charged with serious offences, including human trafficking.
“Human trafficking is an unbailable offence. Those who are accused of serious cases such as human trafficking must be put away until the case is finalised, when it will be determined if they are innocent or guilty,” Ya Nangoloh argued.
The two accused are formally applying for bail, which the State is opposing on five grounds, including because of the seriousness of the offences, the fear they may abscond and that they may interfere with investigations.
The State is also arguing it would not be in the public interest or in the interest of the administration of justice if they are granted bail, adding investigations are still in the early stages.
Prior to Tuesday's court proceedings, members of the public led by northern businessman Sigo Amunyela held a peaceful demonstration, while calling on the court not to grant bail.
“Too many cases of kidnapping have been reported in Namibia; we don't know if these two have already kidnapped other missing children, and if they are still to kidnap more kids. They are definitely a threat to society, therefore, they should be kept in prison,” said a petition presented to the court.
Bonifatius told the court she and Van Zyl are in a romantic relationship.
She also testified she was a good friend of the victim, but they ended this relationship in July.
Bonifatius also claimed the victim was in hiding, after her father allegedly beat her and chased her out of his home.
Van Zyl testified yesterday he has no intention of absconding, saying “innocent men don't flee”.
Both Van Zyl and Bonifatius told the court they intend to plead not guilty to the all charges, once the matter goes on trial.
Bonifatius is represented by Simson Aingura, while Van Zyl is represented by Pieter Greyling.
Chrisna Masule is the prosecutor.
The hearing continues.
KENYA KAMBOWE
Ya Nangoloh was the State's first witness in the formal bail hearing of Frederick Jacobus Van Zyl (32) and Sylvia Bonifatius (18), who face charges of human trafficking, two counts of rape, immoral practices, drugging a female for unlawful intercourse, as well as a count of stupefying a female for unlawful intercourse.
The two are accused of kidnapping, drugging and raping a 14-year-old Oshakati schoolgirl in July.
They were only arrested in September. Ya Nangoloh, who gave extensive testimony before Chief Magistrate Mika Namweya, explained the two accused are not entitled to bail, and should be held in custody until the matter is finalised.
Making reference to international and local law, as well as the constitution, Ya Nangoloh said the court is prohibited from granting bail when suspects are charged with serious offences, including human trafficking.
“Human trafficking is an unbailable offence. Those who are accused of serious cases such as human trafficking must be put away until the case is finalised, when it will be determined if they are innocent or guilty,” Ya Nangoloh argued.
The two accused are formally applying for bail, which the State is opposing on five grounds, including because of the seriousness of the offences, the fear they may abscond and that they may interfere with investigations.
The State is also arguing it would not be in the public interest or in the interest of the administration of justice if they are granted bail, adding investigations are still in the early stages.
Prior to Tuesday's court proceedings, members of the public led by northern businessman Sigo Amunyela held a peaceful demonstration, while calling on the court not to grant bail.
“Too many cases of kidnapping have been reported in Namibia; we don't know if these two have already kidnapped other missing children, and if they are still to kidnap more kids. They are definitely a threat to society, therefore, they should be kept in prison,” said a petition presented to the court.
Bonifatius told the court she and Van Zyl are in a romantic relationship.
She also testified she was a good friend of the victim, but they ended this relationship in July.
Bonifatius also claimed the victim was in hiding, after her father allegedly beat her and chased her out of his home.
Van Zyl testified yesterday he has no intention of absconding, saying “innocent men don't flee”.
Both Van Zyl and Bonifatius told the court they intend to plead not guilty to the all charges, once the matter goes on trial.
Bonifatius is represented by Simson Aingura, while Van Zyl is represented by Pieter Greyling.
Chrisna Masule is the prosecutor.
The hearing continues.
KENYA KAMBOWE
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