WINDHOEK – An application for leave to appeal by a Roads Authority (RA) engineer, who was at the beginning of March this year sent to jail for raping a woman in the Kavango Region in July 2011, has been dismissed.
The application by 34-year-old Epafradictus Ndokotora Unengu was dismissed in a judgment handed down by High Court Judge Christie Liebenberg here on Friday.
Similarly, another application by the prosecution (State) to be allowed leave to appeal both Unengu’s conviction and sentences was also dismissed by the court.
Furthermore, a counter-application by the prosecution in which the State asked the court to be granted leave to appeal the acquittal of Unengu on the second charge of raping another woman in the capital’s Northern Industrial area during November 2012, was also dismissed on Friday.
This means that with Friday’s High Court ruling in connection with the dismissal of Unengu’s application, the jailed RA engineer will now have to serve his full punishment.
In the matter, on March 5 this year, Liebenberg jailed Unengu for an effective 12-and-a-half years.
This was after the judge found the RA engineer guilty on a count of rape and a count of assault with intent to do grievous bodily harm in connection with the rape of a 21-year-old woman on July 9, 2011, at Makambu village in the Kavango West Region.
Unengu got 12 years’ imprisonment for rape and six months for assault with intent to do grievous bodily harm when he had attempted to kill the victim by strangling her and pouring sand into her mouth.
On May 27, 2015, Unengu – through his Windhoek-based defence lawyer, Sisa Namandje – brought his failed urgent application before the same judge in which he wanted to be granted leave to appeal both the conviction and sentences in the Supreme Court.
“After we went through the files and records of judgment and sentencing, we feel that there is a possibility that the Windhoek Supreme Court will differ with the judgment and sentence of the High Court.
“The complainant, who was a single witness in the case, was not a reliable witness. Her evidence was not credible and she made various contradictions while testifying before court,” said Namandje in his submissions of heads of arguments.
On his part, State Advocate Dominic Lisulo, who prosecuted, submitted that there is credible evidence showing that the applicant had in fact sexually violated the dignity of the complainant.
According to Lisulo, there is further credible evidence showing that the complainant was an impressive witness, despite some minor contradictions she made in her testimony.
The State Advocate also told the court that there is credible evidence before court that what the applicant informed the court was false and a mere product of hearsay.
“The State has proved its case beyond a reasonable doubt and there was no single misdirection made by the court during judgment or at the time of imposing punishment,” he stressed.
Unengu was a first-time offender with no record of previous criminal offences, and is a married father of two.
Initially, he was charged with two counts of rape and three counts of attempted murder when his trial started in the High Court here on January 21 this year.
He was, however, discharged on a second count of rape and two counts of attempted murder in connection with the alleged rape in the capital’s Northern Industrial area in 2012.
He was discharged on the three counts due to the various contradictory testimonies and other related statements that were provided by the victim herself and other State witnesses during trial.
In his evidence-in-chief before court, Unengu denied any involvement in the two incidents and was adamant that he had consensual sexual intercourse with both women.
His rape trial was dealt with under the strict provisions of the Combating of Rape Act No. 8 of 2000, which warrants long prison terms in case of conviction.
He has been free on bail of N$30 000, which was withdrawn upon his conviction.
Evidence presented by the prosecution during trial had it that Unengu allegedly committed the second rape in Windhoek while he was out on N$10 000 bail in the rape case he was standing accused of in the Rundu Magistrate’s Court. – Nampa