Windhoek magistrate Kalla Kanyemba will today deliver a ruling in a bail application filed by City Police spokesperson Fabian Amukwelele who is accused of sexually violating a 29-year-old woman in January.
The 37-year-old Amkwelele is facing a charge of rape and approached the court last week with the hope of being released on bail while his case is being finalised. During his bail hearing last week, Amukwelele’s defence lawyer Mbushandje Ntinda informed the court that his client is worthy of being released on bail. According to him, Amukwelele did not or attempt to abscond although he has been aware that he was being investigated for rape in March.
Furthermore, he is not guilty of the crime of rape he is said to have committed on 11 January. Ntinda said Amukwelele would be able to pay bail in the amount of N$5 000 and would abide by any bail conditions that the court will impose.
However, prosecutor Rowan van Wyk argued that Amukwelele has had access to a full disclosure, which is not a normal practice at the early stages of the investigations.
Van Wyk further argued that there is evidence that he contacted and threatened the victim and one of the investigating officers working on his case, while investigations are not yet concluded.
In addition, the victim is in a state of trauma and the State has strong evidence against Amukwelele, Van Wyk claimed.
Throughout the hearing, Amukwelele has denied any wrongdoing pertaining to the events of the morning of 11 January.
He testified that he does not deny that the victim was at his place on 10 to 11 January and they had sex. He however, claims that he did not force himself on the victim as she has claimed.
He maintained they had consensual sex. – mamakali@nepc.com.na