Iuze Mukube
Former parliamentarian Steve Biko Booys, who stands accused of rape, has lodged a fresh bail application based on new facts, after several unsuccessful attempts to secure his release.
Booys is accused of two counts of rape for allegedly sexually violating his 20-year-old daughter at home in Okahandja on two occasions, on 16 January 2021 and 17 January 2021.
The State, which is alleging that the complainant was raped while she was either asleep or intoxicated, opposed his notice to bring the bail application.
State advocate Emma Mayavero argued against the application, saying that no new facts were brought before the court for consideration in granting bail for the application.
The applicant raised six grounds for his application, including that there have been protracted delays in his trial, with no date set for its commencement to date.
He is contending that his brother has died, leaving no breadwinner to support his family and the deceased’s family.
He argued that it is difficult to prepare for his trial while in custody.
He added that the State’s case against him is weak and that further detention would not be in the interest of justice.
The prosecution argued that it is not clear how the first ground is a new fact when the delays are attributed to the applicant’s numerous applications since the trial began.
Mayavero added: “On a previous application, the applicant also made a contention based on the death of his father, and now it is his brother”.
She added that the State has a strong case against him, with DNA samples and text messages linking him directly to the offence.
Due to the seriousness of the offence, the applicant may be tempted to abscond if granted bail, as he is likely to be convicted based on the evidence.
She pleaded for the court to dismiss the applicant and for the applicant to remain in custody pending his trial.
Booys’ lawyer Tuna Nhinda argued in support of the application, stating that the issue of the trial date is an established fact, as the matter has no trial date.
He stated that the delays were not the fault of his client but an incomplete record, as complete transcriptions were not afforded to them.
He stated that the death of the applicant’s brother was a new fact, simply because there is no breadwinner now, as his father also died.
The matter was postponed to 24 March 2026 for ruling in the Windhoek Regional Court.