Iuze Mukube
Windhoek High Court judges Herman January and Philanda Christiaan dismissed a rape charge against Dennis Noa (29) on Friday.
This arose from an appeal to the High Court by Noa against an eight-year rape sentence meted out by Windhoek Regional Court magistrate Victor Nyazo earlier.
The former intern medical doctor was convicted of rape for allegedly sexually violating a comatose 18-year-old male patient on 11 April 2021.
Dissatisfied with his conviction, Noa lodged an appeal against it, particularly focused on the overlapping circumstantial evidence presented against him.
To note, the court indicated they were not presented with the DNA samples and swaps taken, while investigations alleged the victim was found with injuries to his anus, an unused condom left on his bed, and a trace of a discharge on the anus.
Additionally, it found that Noa was convicted in that he was the last known person in contact with the patient, instead of directly linking him to the offence.
Thus, he was convicted although the Regional Court did not have credible evidence or proof beyond reasonable doubt that he had committed the act.
Overall, the crux of the appeal centred on whether the State had succeeded to prove its case beyond reasonable doubt, and in the same breath succeeded to prove the defence of Noa false beyond reasonable doubt.
Judges January and Christiaan acquitted and discharged Noa.
Noa was represented by Sisa Namandje, and the State by Advocate Palmer Khumalo.
Upon his release, he appeared on the verge of tears, and feeling happy that the case was finally over. Looking forward, he said he will focus on patching up his career.
“This was an injustice. I am a victim of that injustice, and the State will suffer because they did this to me,” Noa said.