Local businessman accused of indecent assault

03 September 2018 | Justice

Otis Finck

A warrant of arrest was issued for an estate agent from Swakopmund who is accused of indecent assault.

Magistrate John Sindano issued the warrant on 23 August for Leroy Henry Kruger (49), after he failed to appear in the Walvis Bay magistrate’s court, and postponed the case to 10 September.

According to the charge sheet the accused wrongfully, indecently and lasciviously assaulted a 29-year-old man who resides at NamWater Camp near Rooibank by forcefully touching his private parts without his consent.

The incident allegedly occurred in a vehicle driven by Kruger on 6 May en route to the residence of the complainant.

The court record indicates the matter was put on the roll for plea and trial. Kruger previously appeared in court on 13 August. His legal representative however withdrew and Kruger expressed the wish to engage another lawyer.

He also opened a case of attempted theft and extortion against the complainant on 12 June.

The parties subsequently reached a settlement on 22 August, but state prosecutor Sylvia Kauluma refused to accept a withdrawal statement handed in by the complainant and the accused for both cases. Her refusal was based on the allegation that the complainant was intimidated by the accused’s lawyers to withdraw the indecent assault case. Kauluma informed the court that the state was deeply aggrieved by this turn of events. “It was earlier agreed that the matter would proceed and the investigating officer had to travel to get the witness.”

According to court documents the accused’s legal representatives allegedly approached the complainant on numerous occasions and proposed to pay him in return for withdrawing the indecent assault case. The complainant allegedly accepted a settlement amount of N$7 500 that he was to receive on 23 August after he had withdrawn the case.

The settlement agreement states that the involved parties decided to resolve the matters out of court as to not tarnish their reputations. The parties also agreed that the payment will be a final settlement and that they would not tender any evidence in court.

According to a sworn statement by the complainant, he took a lift with the accused from the Walvis Bay weighbridge. Kruger then allegedly told him that he would like to see what an Owambo penis looks like.

“He took out his penis, showed it to me and started to rub my right thigh. I told him not to do it. He proceeded, put his left hand in my trousers and fondled my penis for about ten minutes while driving slowly. I told him to remove his hand, and tried to remove it, but he did not want to do so. When I got an erection he suggested we should have sex. I told him I am a man like him and was not prepared to do so.”

According to the complainant, when they reached Rooibank the accused allegedly removed his hand from the complainant’s trousers and told him to jump out. The complainant told the accused that he needed to pick up something from his aunt. They proceeded and stopped at a house. The complainant then called his aunt, who approached the car, and he related to her what had happened.

“The accused then offered my aunt N$300. While she accepted the money, I hurriedly removed the license disk from the front window. The accused drove off. I was so upset that I had forgotten my phone, a plastic bag with fish and an electrical kettle in the car,” said the complainant in his statement.

According to the accused’s statement, he noticed the complainant (who was neatly dressed) on the side of the road and decided to offer him a lift.

“We did not talk much, but I realised that he must have been drinking because I could smell alcohol on him. I tried to make some conversation and asked him from what ethnic race he was. He told me he was an Owambo and I jokingly said, yes, they say the Owambos have the biggest penises. This is normal conversation in my culture, without meaning any offense and no intention of any sexual suggestion,” said Kruger in his statement.

“When we neared the turnoff at Rooibank, I told him that I was going to drop him off at the junction. Instead he replied that he has a big penis and told me to touch it so that I can feel for myself. He suddenly grabbed my hand and put it on his private parts. This really shocked me and I just wanted him to leave my car.”

When they arrived at a certain house the man allegedly refused to get out of the car and started yelling. A lady then appeared.

“He kept talking to this woman in Oshiwambo and told her that I did something naughty to him. When I asked him what the problem was he demanded N$20 000 and then reduced this amount to N$10 000. When I refused he wanted me to hand my cell phone to him. He grabbed the licence disk from the window and the keys to my house. I offered the lady N$300 to get these items back but she refused to hand it over.”

“I sped away and while doing so realised that his belongings were still in the vehicle. I stopped, offloaded it and proceeded to Swakopmund,” said Kruger in his statement.

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