Rape case: father pleads for bail

17 September 2018 | Justice

Otis Finck



A court case involving a man (46) accused of repeatedly raping his 11-year-old daughter was postponed for the continuation of his bail application to 20 September.

The victim reported that her father raped her on numerous occasions in 2017. She fell pregnant, was hospitalised and taken to Windhoek for the purposes of undergoing a state authorised abortion to terminate the pregnancy.

The accused's legal representative indicated he will call on the mother of the child to testify for bail to be granted when the hearing continues. The state intends to use the investigating officer to testify and oppose bail.

The accused, represented by Marinus Scholtz, appeared before magistrate John Sindano on Wednesday at the Walvis Bay magistrates court.

He pleaded with the court to have mercy on him and to grant him bail. He was arrested on 11 June and has been incarcerated ever since.

The accused acknowledged to the court that he is the father of four minor children (three boys aged 2, 4 and 5 years and a girl aged 11), resides in Kuisebmond and works as a builder for a subcontractor.

He further told the court that he had to borrow money from his relatives to sustain his family and indicated that he was prepared to pay bail of between N$1 500 and N$2 000.

The accused further indicated that he had no intention of interfering with the complainant or witnesses and said he would adhere to strict bail conditions.

When cross-examined by public prosecutor Sylvia Kauluma, the accused confirmed that the victim was his biological daughter.

“I raised the child since birth.”

He also acknowledged that he was present when his wife called family members to talk about the incident.

“They asked me what happened but my ears went deaf. In response to a question if I had raped the victim I said no. I said maybe I did, maybe I was under the influence of alcohol but I cannot remember. My wife then implied that I had raped the victim. I did not answer.”

Kauluma told the court that the accused admitted to raping the victim to his sister, his brother in law and children.



“Gender based and domestic violence cases are prevalent and the community demands that such cases be treated as serious. The complainant has undergone physical and emotional trauma and it is not in the interest of the victim that you be granted bail. She is still undergoing counseling and fear that you will interfere with her,” said Kauluma.

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