A teacher from Mayuni Senior Secondary School failed during an appeal he had lodged for his conviction and subsequent 12-year jail term for the brutal rape of an 18-year-old student.

The school is located some 130 kilometres west of Katima Mulilo in the Zambezi region

Mwilima Sandy Muyongo (49) was convicted in the Regional Court of Katima Mulilo on 16 October 2018 for the rape of an 18-year-old learner at his house within the school premises between 13h00 and 15h00 on the afternoon of 23 January 2012.

He then lodged an appeal in the High Court against both his conviction and sentence, but later withdrew the appeal against sentence.

Muyongo maintained the trial court was wrong by concluding that the victim – who may not be named to protect her identity – did not shower, urinate or have intercourse with another person after the rape; that the magistrate was wrong by rejecting and or concluding that the forensic report did not corroborate his version and that the magistrate was wrong in finding that he inserted his privates into hers.

According to appeal judges Dinnah Usiku and Petrus Unengu, there is no dispute that the complainant and the accused met at the former’s house on the date in question and that they eventually ended up in his bedroom where she said to have been raped by the appellant.

They further said that from the evidence of the complainant, it is clear she immediately made a report of having been raped at the earliest opportunity that presented itself to one of her friends when she returned from the appellant’s house, crying.

They said the complainant was still crying when she removed her shorts and showed it to her friend who observed fluids on it and asked her what it was and she said she was raped.

According to the two-bench appeal judges, evidence showed the appellant admitted having been pushed off the complainant’s body, which indicates there was penetration.

They went on to say that the trial court indeed considered the totality of the evidence presented and were cautious, and rightly so, about the danger of convicting on such evidence, but they came to the conclusion that the truth was told.

The judges were further of the opinion that although no forensic evidence – which would usually assist with the identification of a suspect, the absence of such scientific evidence or DNA, or other forensic evidence does not invalidate or nullify the equally convincing evidence presented.

They said the trial court relied on the totality of the evidence and convicted the appellant as charged. In their view, the judges stated, the complainant was a credible witness and furthermore when regard is had to the other corroborating evidence regarding the first report, the sexual act between the complainant and the appellant could not have been consensual under the circumstances and the appeal is thus dismissed.

Muyongo was represented by Inonge Mainga on private instruction and the State by Advocate Palmer Khumalo. 

–rrouth@nepc.com.na