State advocate Felisitas Sikerete-Vendura yesterday refused to accept the guilty plea of Jeremia van Wyk, who confessed under oath to abducting and sexually violating a minor in 2019 on the rape charge because he did not admit to all the crimes he committed.
In a plea explanation that was read to the court by his legal aid instructed lawyer, Joseph Andreas, he admitted to abducting the child from her daycare and taking her to Katutura without her parents’ blessing.
He, however, denied he penetrated her with his male genitalia, as according to him, he “could not get it up”.
According to him, he was under the influence of alcohol and drugs and tried to have intercourse with the little girl, but he was unable to because he could not get an erection, and instead inserted his finger into her private part.
Judge Naomi Shivute accepted the guilty plea of abduction but entered a plea of not guilty on the rape charge.
Van Wyk informed the court he picked up the little girl on the date in question around 13h00 from her school in the area of Khomasdal.
The accused further explained they walked from the victim’s school to Katutura, where he sexually violated the minor.
Following the sexual violation, he went to drink with his friends while in the company of the victim.
It is his testimony that he was highly intoxicated from the drugs and alcohol he had consumed that day.
He further testified that he only realised what he had done after the effects of the drugs and alcohol started to wear off.
The police arrested Van Wyk on 1 August 2019 after he was found in the company of a five-year-old girl, who had been reported missing from school earlier in the day.
The girl’s picture went viral that day on social media, with a short description that she was missing.
Police reports at the time indicated a member of the public recognised the minor and reported it to the police.
According to the police, Van Wyk was released from a correctional facility nearly three years prior, having served a sentence on charges of rape and murder.
According to the doctor who examined the child after the incident, he found bruises on her outer and inner thighs – and at least three tears in her hymen.
Doctor Ivor Orlam testified that in his opinion, the bruises and the swelling on the girls’ private parts were caused by forceful penetration by an object other than a finger as Van Wyk claims.
According to him, the girl was penetrated by male genitalia.
He further stated that he found a white discharge inside the girl’s vagina and that it was collected and sent for analysis.
The matter will return to court on 13 June when forensic scientist Maryn Swart testifies on the substance found.
Van Wyk remains in custody at the Windhoek Correctional Facility’s section for trial awaiting inmates.
– rrouth@nepc.com.na