New evidence that came to light in the rape and assault trial of a resident of Otjimbingwe in the Erongo region might be enough to cast reasonable doubt on the charges he faces.
During the cross-examination of one of the alleged victims, the taxpayer-funded lawyer of Jackson Katjombe, who is accused of multiple rapes, it came to light that the eight-year-old alleged victim was still a virgin and never had sexual intercourse.
This was revealed during the evidence of the doctor who conducted a physical examination of the girl. According to the doctor, the girl’s hymen was intact, and he could find no signs of sexual activities.
Tjingairi Kaurivi last week cross-examined the 29-year-old, who reportedly has the mental capacity of a six-year-old, that she was spoonfed what to say in court, and that it was all lies.
She kept on repeating that she knows the truth.
He further told her that she had been indoctrinated by her sisters for the last few years on what to say in court. The lawyer further told the court that it is another person, who is well-known in the area for being HIV positive and using medicine, who had sexual relations with her, and also infected her.
He further said that they have medical proof that his client was tested and found negative for HIV, and as such could not have infected her.
Furthermore, he said, the third victim, a 14-year-old, was in a consensual sexual relationship with the accused, and that the girl’s claims that he assaulted them and threatened them if they reported him was baseless and false. It is alleged that Katjombe (36) raped the complainants between January and September 2018 at a farm in the Otjimbingwe area.
It is further alleged that he physically assaulted his victims, and threatened to kill them should they report the alleged rapes to anyone.
Katjombe pleaded not guilty to three counts of rape, alternatively contravening the Combating of Immoral Practices Act, three counts of assault with intent to do grievous bodily harm, and three charges of assault by threat at the start of his trial last year.
He remains in custody.
The State is represented by Timo Itula, and the case is presided over by Windhoek High Court judge Herman January. -rrouth@nepc.com.na