A lawyer, representing a medical intern accused of rape, has argued his client has no motive to abscond should the suspect be granted bail pending the finalisation of the case.
James Diedericks submitted during oral arguments yesterday that Dennis Noa has fully cooperated with the police and their ongoing investigations. He even willingly surrendered his DNA sample as requested.
“He has no intentions of fleeing. Despite being questioned by the police on 11 April, he remained at work and continued with his tasks. On 12 April, he was working when the police arrested him. He did not flee,” said Diedericks.
It was his argument that Noa has maintained his innocence, which is supported by medical reports. Furthermore, he has given explicit details of what transpired on the date in question.
“There is no evidence that the applicant (Noa) tried to destroy or conceal evidence because there were some things that were found with the victim,” argued Diedericks.
Noa has been in police custody since his arrest on 12 April on a charge of rape.
The State alleged Noa, who is a medical intern, stationed at the Katutura Intermediate Hospital, sexually violated an 18-year-old male patient on 11 April.
He has been an intern at the hospital for eight months.
The State, which is represented by Bernadine Bertolini, has strongly opposed the release of Noa on bail. Bertolini submitted that no bail conditions will guarantee Noa will not interfere with ongoing investigations and or witnesses.
“The police, however, cannot police him to ensure that he adheres to the bail conditions. We were already told by the investigating officer of the allegations that he tried intimidating a certain witness,” he reasoned.
She argued Noa opted to remain silent when questioned about the discrepancies picked up by the State from his testimony, leaving room for speculation.
He could also not give answers about the hospital porter, with whom he alleges to have left the patient nor could he answer on the schedule for physiotherapy, which, according to the investigating officer, is not carried out during weekends. Bertolini submitted that despite present medical reports indicating there was no presence of semen, it does not exclude rape.
She said the State has a strong case against Noa. “There is evidence that penetration occurred which was unlawful and was done without consent. This is sexual violence that was committed against a defenceless person, who was placed in his case – which is meant to be safe,” said Bertolini.
Thus, the court should not grant Noa bail.
Magistrate Esme Molefe is scheduled to give a ruling on the application on Thursday.
Noa is currently kept at the Seeis police station.
– mamakali@nepc.com.na