WINDHOEK – The failure of a state doctor to testify in the ongoing trial of rape accused Stefanus Ruba Gariseb meant that he will now spend another 11 months as a trial-awaiting prisoner.
State Advocate Innocencia Nyoni told Judge Naomi Shivute that the doctor who conducted the rape examination on the complainant informed her that she could not travel from Swakopmund to Windhoek because her baby was sick.
According to Nyoni, Dr Shoopala was also adamant that she could not leave the infant with family members. As a result Gariseb’s hearing has now been postponed to March 2 to March 6 next year for continuation of trial. Gariseb has been in custody since his arrest in April 2011.
However, Vetu Uanivi, the state funded legal representative of Gariseb indicated that he would endevour to bring forth a bail application as soon as possible – by June – he told New Era after the postponement. Gariseb was arrested after the stepfather of the complainant, who was nine years old at the time, walked into the room where he allegedly was having intercourse with the child.
Upon this discovery the young girl allegedly revealed that Gariseb had raped her several times before. It is alleged that on the day of the rape, Gariseb went with the complainant to her school where he informed her teacher that the complainant was sick and that he was her father. He then allegedly took her to the shack where he stayed with the complainant’s mother and her boyfriend. When they arrived at the home the complainant allegedly wanted to go to her mother’s room to take off her school uniform, but Gariseb told her to undress in his room while he watched, it is alleged.
He then took the nine-year-old girl and made her lie on his bed and raped her, it is alleged. It was then when the stepfather walked in on them, the indictment reads. Gariseb already pleaded not guilty to counts of rape at the start of his trial last year. He faces two counts of raping the nine-year-old girl.
At an earlier court appearance the girl’s mother testified that Gariseb was “like a brother to her”. She said that after she was informed of the incident she went to Gariseb’s place of employment and asked him if it was true that he had raped her child. “He confirmed it and asked me for my forgiveness and started crying,” she told the court at the time.
In cross-examination defence counsel Uanivi put it to the witness that Gariseb said that he could never have said that to her as he never raped the victim. The mother replied that the victim was found naked in Gariseb’s bed while he was standing behind the door with his “manhood” outside.
By Roland Routh