A Windhoek resident who is accused of raping his biological daughter several times and forcing her to abort the foetus after impregnating her, this week lodged an application for a discharge on some of the charges he faces in the Windhoek High Court.
The man, who may not be named to protect the identity of his alleged victim, pleaded not guilty to several counts of child trafficking, rape, incest, sodomy, assault by threat and inducement of abortion before Judge Claudia Claasen.
He now claims that the State did not prove that he trafficked the victim as she was in his lawful custody when he took her to Angola where the alleged rapes took place.
As such, he said, he cannot be convicted on those charges. He further says that none of the assault charges was proved on a prima facie basis and he is thus entitled to a discharge.
The State argued that it proved its case on a prima facie basis and the accused must be put on his defence.
They, however, conceded that one of the charges of rape was not proven and agreed that he may be acquitted as such.
However, the State was adamant that the accused intentionally transported the complainant to Angola “to make her his wife” and that he had continuous sexual encounters with her while she was still a minor. The State is alleging that the accused repeatedly raped his biological daughter, impregnated her and then forced her to have an abortion. The abortion allegedly took place when the victim accompanied him during one of his various trips to Angola between 2010 and 2011. The alleged rapes were also perpetrated while the victim accompanied the accused on his trips and once during a family holiday in Swakopmund.
After his arrest, the accused undertook a lengthy bail application which eventually saw him being released on bail in July 2014.
It was during that bail application that it was alleged in court that he made his daughter his wife.
The accused during cross-examination questioned whether the victim was his biological child.
The present matter was provisionally withdrawn against him in 2015 after the Prosecutor General failed to decide in time on what charges and in which court to prosecute him and magistrate Justine Asino struck the matter from the court roll and refunded his bail money of N$25 000.
Judge Claasen indicated that she would deliver her ruling tomorrow. It was during his release from custody that he carried out a robbery and was sentenced to 15 years imprisonment of which five years were suspended.
He was convicted of robbery with aggravating circumstances for an incident that took place in Khomasdal in Windhoek on 22 October 2015, when three people were robbed at gunpoint after they had bought stock valued at N$30 821 for a bar in Khomasdal.
He was jailed in February 2019 for this robbery.
The current matter was re-enrolled in 2018 after the PG decided to charge the accused in the Windhoek High Court.
Jermaine Muchali is representing the accused and the prosecution by Palmer Khumalo. – rrouth@nepc.com.na