Lawyers representing former agriculture minister Mac Albert Hengari (59) and his 30-year-old co-accused will apply today for the charges against their clients to be squashed. 

Patrick Kauta is representing Hengari, while Kadhila Amoomo is for his co-accused. The co-accused cannot be identified to protect the purported victim, who is his relative. 

The lawyers informed Magistrate Monica Andjamba about their intention last week after she dismissed an application that the charges be withdrawn because of entrapment. 

She found that entrapment is not a recognised defence under Namibian law. 

The lawyers argued that the police set a trap for Hengari and his co-accused by conspiring with the alleged victim to entice Hengari to pay a bribe for the victim to recant her rape accusations. 

Although no formal charges are brought against Hengari on the rape allegations, he and his accomplice are in custody on charges of obstructing the course of  read with provisions of the Riotous Assemblies Act, as well as corruptly giving gratification as inducement, incitement to commit an offence of compounding, and contravening Section 34 of the ACC Act of 2003. 

The lawyers argued that their clients are in custody unlawfully, as their arrest and subsequent detention were illegal. 

They were arrested in late April for allegedly attempting to pay a bribe to a 21-year-old woman, who accused the former minister of rape. 

Andjamba said the continued detention was not because of their arrest but because of a warrant of detention issued by a magistrate. 

This makes their continued detention lawful. 

The magistrate said the requirements for unlawful arrest and detention are for the plaintiff to establish that his liberty was interfered with intentionally, and that the defendant’s (State) conduct caused, both legally and factually, the harm. In this instance, she said, there was no objection from the defence when the matter was first postponed for further investigations. 

In addition, the accused persons were detained under a warrant of detention, which makes their continued detention lawful. 

After the ruling by Magistrate Andjamba, Kauta said he would bring the application to squash the charges in line with the Criminal Procedure Act. 

The Act makes provision for charges to be squashed if not sustainable. 

Amoomo told the magistrate that entrapment is a valid defence if it can be proven that the police wilfully set a trap for an accused to incriminate himself. 

Such conduct is not permitted in Namibia, he stressed. 

Advocate Felicitas Sikerete, on behalf of the State, said the State will vehemently oppose the application, and will be ready to present evidence to the contrary. 

-rrouth@nepc.com.na