Rape and incest accused, former National Council member Steve Biko Booys, has taken his fight to be released on bail to the High Court on grounds that he was denied a chance to present evidence. Booys cited that the Okahandja Magistrate’s Court prevented him from presenting certain evidence during his bail application in 2021. The former Swapo lawmaker filed a notice of appeal on Friday after the Okahandja Magistrate’s Court refused to release him on bail, pending the finalisation of his criminal case. In his appeal, Booys is claiming Okahandja magistrate Khaepriums Swartz allowed the bail hearing to continue on hearsay evidence while preventing him from leading his evidence. “When the appellant (Booys) testified, he wanted to testify about the medical expenses he paid for the complainant, further that she had a mental disorder,” reads the notice of appeal. He claims the court prevented him from doing so, as it allegedly amounts to a defence. According to him, Swartz failed to properly assess the facts of the case and erred by concluding that he would interfere with State witnesses, and that it would not be in the interest of the administration of justice for him to be granted bail. “The court a quo accordingly gave no serious consideration to the presumption of innocence, which all persons charged with offences are entitled to,” said the former parliamentarian. Swartz, on 13 April 2021, refused to grant Booys bail, stating there was a strong prima facie case, that it was not in the public interest nor administration of justice and there is a likelihood of him interfering with investigations and State witnesses. Booys, in October 2021, abandoned his appeal. At the time, his lawyer Ileni Gebhardt informed the court they would be approaching the Otjiwarongo Magistrate’s Court for bail consideration on new facts. In March, the Windhoek Regional Court dismissed his bail application, noting that the reasons presented by Booys on which he based his application “do not obviate the initial reasons relied upon by the court in the first bail application”. Booys, who is facing rape and incest charges, is denying accusations that he sexually violated his daughter on two occasions in 2021. Booys has been in police custody since his arrest on 2 February 2021. The State is alleging he raped the complainant, who at the time was 20 years old, at his home in Okahandja on 16 January 2021 and again on 17 January 2021. The prosecution also alleges the complainant was raped while she was affected by sleep medication, intoxicating liquor or a substance that mentally incapacitated her. During the failed bail hearing, Booys told the court the complainant was at his house on the two days in question. He said there were drinks at his house but denied that he provided alcohol to the woman. Although Booys denied any contact with the victim, the State said it has evidence in the form of cell phone records and copies of messages that show Booys repeatedly contacted the complainant from 18 January 2021 to 2 February 2021. The State further claims the cellphone messages exchanged between him and his alleged victim showed the contact between them was specifically about the allegations of rape made against him. Windhoek High Court acting judge Philanda Christiaan will hear the appeal on 11 September. – mamakali@nepc.com.na