The rape and incest trial of former Okahandja regional councillor and ex-parliamentarian Steve Biko Booys is set to start on 28 July in the Windhoek Regional Court before Regional Magistrate Leopold Hangalo.

Booys, who is also a former National Council member, is accused of raping his biological daughter twice. The former councillor is facing four charges, two counts of rape and incest. 

The State is alleging Booys raped the 21-year-old woman at Okahandja on 16 and 17 January 2021. 

It is also alleged that the complainant was raped while she was under the influence of intoxicating liquor or a substance that mentally incapacitated her. 

He is held in custody after Magistrate Khaepriums Swartz denied him bail and his subsequent appeal in the High Court failed.

Swartz refused to grant Booys bail, citing a strong prima facie case, that it is not in the public interest nor the interest of the administration of justice and there is a likelihood of him interfering with investigations and State witnesses. 

In his appeal, Booys claimed Swartz misdirected himself in law and fact, and he “approached the evidence adduced and the proceedings allowed in a one-sided and irregular manner, favouring the state’’. 

He claims the court failed to ensure the complainant’s statement was handed up as part of the record. 

Swartz allegedly allowed the bail hearing to continue on hearsay evidence led by the State, although the prosecution was in possession of vital documents, such as medical reports of the complainant, the complainant’s statement as well as transcripts of messages allegedly between him and the complainant. 

“The learned magistrate gave no consideration at all to the fact that the only mode of communication between the appellant and complainant was the alleged but not proven or admitted SMS messages,” said Booys in his notice. 

He added there is no evidence of him attempting to influence the complainant or any other witness. 

The court also failed to note there was no evidence on record to substantiate the allegations that he will interfere with ongoing investigations. 

Booys explained the court’s refusal to release him on bail does not only affect his circumstances or his businesses, but it also affects other people’s well-being, as they depend on him and earn an income from his businesses. 

However, the High Court agreed with Swartz and dismissed his appeal.

Booys, who has been in police custody since his arrest on 2 February 2021, is denying accusations that he sexually violated his daughter on two occasions. 

During the 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 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 to 2 February. 

The prosecutor further claimed the cell phone messages exchanged between him and his alleged victim showed the contact between them was specifically about the allegations of rape made against him. 

Booys is currently being detained at the Seeis police station. He is represented by former prosecutor Marthino Olivier.