Maria Amakali
City Police spokesperson Fabian Amukwelele, who is facing a charge of rape, yesterday claimed he had consensual sex with the complainant.
The 37-year-old constable denied raping a 29-year-old woman on 11 January this year at his rented backyard room in Windhoek’s Rocky Crest. Amukwelele was testifying in his bail hearing yesterday in the Katutura Magistrate’s Court following his arrest on 8 April. According to court documents, the victim fell pregnant but the pregnancy was later terminated.
Amukwelele maintained he was worthy of being released on bail pending the finalisation of his case. In his testimony, he said they got to know each other in June 2019 after meeting at a work function and became close. “We started a friendship that was developing into a relationship. We did a lot of things together. We went sightseeing and went to movies.
We had developed a liking to one another but we were also taking it a step at a time,” said Amukwelele. He said on the date in question, he was in contact with the victim throughout the day.
He asked the victim if she could visit him at his home in Rocky Crest, to which she agreed, the suspect told the court. After the victim got to his place, he allegedly got a work call for him to attend to a crime scene in Dorado Park.
He allegedly left the victim at his place watching series on his personal laptop. “I got home around midnight. The victim wanted me to drive her home but I told her that I was tired to do so. I suggested to her that I can move my car so she can drive home since she came with her own car, which she did not do. I then slept,” narrated Amukwelele.
He further testified that the victim spent the night at his place on the night of 10 to 11 January. In the morning of 11 January, Amukwelele allegedly woke up to the victim holding him and thereafter they had consensual sex.
He further explained that after the act, he noticed that the condom had burst and he allegedly informed the victim who was worried that she might have gotten pregnant.
The two allegedly parted ways but kept in touch. “She then started SMSing me saying that I should pray that she is not pregnant because she has worked very hard to be where she is and she was not going to lose her job because she is pregnant or anything for that matter.
She even told me to Google date rape,” said Amukwelele. He further testified that the victim allegedly informed him that she was worried about what people in her church would think of her since everyone looked up to her.
She further told him that if she ever got pregnant, she would lose her internship. The State is objecting to the granting of bail, with prosecutor Rowan van Wyk informing the court that the sexual act between Amukwelele and the victim was not consensual. According to Van Wyk, the victim’s statement indicate that the victim was indeed at Amukwlele’s residence, but he allegedly forced himself on her on the date in question. “It is the victim’s statement that on the 11 January after she was raped, she then went to go see her personal doctor.
She informed the doctor that she was raped but she did not want to pursue a case against him because no one would believe her,” said Van Wyk. The State further added that Amukwelele at one point threatened the victim with legal action, which indicates a sign of a guilty person, according to Van Wyk. The State is objecting to bail on grounds that since Amukwelele is an authorised officer of the law, he might interfere with state witnesses. Furthermore, the State has a strong prima facie case against him and it would not be in the interest of justice or public to grant him bail. The bail hearing is set for today.
-mamakali@nepc.com.na