Iuze Mukube
A State witness last week stood firm on the State’s opposition to granting bail to former agriculture minister Mac-Albert Hengari and his co-accused.
He cites interference with the State witness following their arrest.
The State is objecting to bail on several grounds: the seriousness of the offence, interest of the public and administration of justice, flight risk, risk of witness interference and the fact that the State has a strong case against the accused.
Hengari and his 31-year-old co-accused face charges of defeating the course of justice after allegedly attempting to bribe a 21-year-old complainant to withdraw a rape case she filed against him.
Investigating officer Vaino Werner, who took the stand as State witness, told the court that, subsequent to the accused’s arrest, there had been interference with the complainant.
He testified that the accused were aware of the names and addresses of the State witnesses, suspecting they had a copy of the case docket disclosed before the court.
While the complainant was admitted to the Katutura Hospital, she reportedly noticed Hengari’s niece following her, which made her afraid and intimidated.
On a separate occasion, a woman, allegedly at the request of the victim’s brother, visited the shelter where the complainant was staying.
The woman asked to see her, claiming she had brought clothes for her baby.
The woman allegedly requested the complainant to record a video denouncing that Werner was responsible for the arrest.
The officer further testified that the complainant later called him, warning him that people wanted to “throw him under the bus” and that Hengari’s co-accused hired someone to implicate him.
A social worker, who accompanied the victim at the shelter, informed Werner that there was a recording involving a letter stating that Hengari’s co-accused was being harassed and mistreated by Werner.
Werner informed the court that the victim had complained that she felt pressured by her mother, who was allegedly blaming her for her brother’s arrest.
The officer stated that, at one point, the complainant indicated her intention to withdraw the case due to pressure from her mother, which led her into depression.
On other grounds of objections to bail, Werner said that defeating the course of justice carries a heavy fine because inciting a victim to withdraw a case, particularly a rape case, undermines the judicial process.
Additionally, he stated that granting bail would not be in the interest of justice, as it is the public’s perception that anyone brought before a court must go through the judicial process, and that no one is above the law.
In this instance, Hengari is a well-known public figure and a former minister.
The public wants a portrayal that nobody is untouchable before the law.
On the issue of flight risk, Werner told the court that Hengari has lived abroad for several years and is believed to have a daughter residing in the United States.
Additionally, the former minister’s co-accused lives in Germany.
Since there is no extradition treaty between Namibia and Germany, it would be difficult to bring him back if he flees.
Werner also pointed out that Hengari only submitted an expired passport and failed to provide any other travel documents, while his co-accused submitted his German visa.
He emphasised that the State has a prima facie case, backed by police investigations, which include witness testimonies and audio recordings.
Photo: Heather Erdmann