Windhoek High Court Judge Dinnah Usiku yesterday reserved her judgement on the case of a Henties Bay resident accused of multiple rapes, kidnapping and assault until 28 September.
After hearing arguments on the guilt or innocence of Herman de Klerk (36) from Palmer Khumalo, on behalf of the State, and Joseph Andreas for the accused, on instructions of legal aid, the judge said she will need time to study the evidence before coming up with a verdict.
Andreas argued that the main witness, the complainant, was not credible as she chopped and changed her narrative to suit her versions and that none of her versions was corroborated by the other State witnesses.
According to him, she was such a poor witness that her testimony should be rejected with the contempt it deserves.
He further argued that the State failed miserably to prove any of the allegations against his client and he should be given the benefit of the doubt and found not guilty.
Khumalo, on the other hand, argued that despite minor discrepancies in her testimony, the complainant was a credible witness and should be believed by the court. He said that in all material respects, other State witnesses corroborated her evidence.
The State said while she was a single witness with regards to the sexual assaults and the physical assaults, her testimony about being forcefully taken by the accused was corroborated.
De Klerk is on trial on three counts of rape, one count of kidnapping, one count of assault with the intent to do grievous bodily harm and one count of assault by threat.
It is alleged by the State that on 1 June 2018, he forced her to accompany him to the Henties stadium at knifepoint, where he sodomised her and raped her. It is further alleged that he, during the rape incidents, threatened the complainant that he will “gorge” out her eyes and kill her if she does not comply with his wishes.
Furthermore, it is alleged that he hit her on the mouth with a clenched fist causing an injury to her upper lip. After the incidents at the stadium, it is alleged, that the accused then forced the complainant to the house where he resided and again violated her.
He pleaded not guilty to all charges and denied having had intercourse with the complainant at all.
The complainant and the accused were discovered the next morning by her boyfriend while sleeping on a mattress fully clothed, it emerged during the trial.
Dr Manane Michael Lushinge, who conducted an examination on the then 30-year-old alleged rape victim in the Swakopmund State Hospital, testified that he could neither confirm nor rule out that she was raped.
Testimony so far indicated that no viable DNA could be found on the swabs taken from the victim. While the doctor indicated that penetration took place, he could not detect any injuries or bruises that would indicate forceful penetration. However, he said, that is not uncommon as people with a history of sexual activities such as older persons often do not display signs of stress in their privates when forceful penetration takes place as is the case with younger people such as children and teenagers.
-rrouth@nepc.com.na