Intern doctor, Denis Noa will only take the stand in 2023 to give clarity on what transpired at his workplace where a male patient was allegedly sexually violated by him.
Windhoek Regional Court magistrate Victor Nyazo has scheduled Noa’s trial to start on 6 February 2023. The court has extended his bail until his scheduled appearance in court.
Noa was granted bail in the amount of N$10 000 after getting arrested on 12 April 2021.
The prosecution is charging Noa with a count of rape for allegedly sexually violating an 18-year-old male patient on 11 April, while he was stationed at the Katutura Intermediate Hospital as a medical intern.
He has since denied the allegation.
In his defence, as he has taken an oath not to harm any of his patients.
During his bail application, he testified the allegations against him are defamatory and malicious. He informed the court that on the date in question, while on duty, there was an unresponsive patient due to a head injury he had sustained in a car accident.
He tried to locate a hospital porter but failed.
But the investigating officer dealing with his case, Esther Kawiwa, testified they could not identify nor locate a person matching the description of the hospital porter as indicated by Noa.
Kawiwa further testified that according to the laboratory results obtained, no semen was found.
She informed the court that despite the results being negative for semen, it does not exonerate Noa.
She testified that the absence of semen does not necessarily mean that rape did not occur. It was her testimony that the Rape Act defines that rape does not only occur by means of insertion of a penis but other objects as well.
Kawiwa said according to the information at hand, on Sunday 11 April, Noa was seen by two witnesses, wheeling the victim from the head injury ward to the conference room, and locking the door behind them.
Noa was allegedly questioned by a witness as to where he was taking the patient, to which he answered he was taking him for physiotherapy, which is situated on the ground floor of the building.
However, the physiotherapy unit is not operational during weekends. Thus, there was no need for Noa to take the victim for therapy.
-mamakali@nepc.com.na