The lawyer of former Okahandja ex-parliamentarian Steve Biko Boois last week told the complainant that the rape she allegedly suffered at the hands of her father is a figment of her imagination.
According to lawyer Marthino Olivier, the complainant on her own admission was “wasted [drunk]” after she took anti-depressant tablets and a sleeping pill while she also consumed alcohol. “You could not have remembered anything with that level of medication [and] that level of intoxication,” Olivier told the woman who may not be named to protect her
He also pointed to several gaps between her evidence in chief and the statement she gave to the police.
Whenever Olivier would ask the
complainant why versions of her oral evidence did not appear in her statement, she only answered “I don’t know.”
The complainant was, however, adamant that she told the truth to which Olivier sarcastically asked: “Which truth?”
He further pointed out the differences in
her testimony and that of witnesses only identified as Destiny and Sedrick.
According to Olivier who tore the complainant’s evidence apart, her testimony about Sedrick molesting her while she was seated in the accused’s car was a fabrication and an attempt to colour in her story.
Olivier told the woman that his client denied having had sexual intercourse with her or
that he fondled her.
He said his client’s instructions are that he was asleep already when she asked him to get more alcohol as the alcohol that was in his house was finished and he called Sedrick to organise more fermented drinks.
However, the complainant was steadfast
in her assertions that Boois, her biological father, raped her.
“I know what happened to my body and I’m telling you what I know and that is all I can do,” she told the defence counsel with tears in her eyes.
On the allegation by Boois that she made sexual advances towards Sedrick, the woman said this is the first time she heard of that.
Furthermore, on Destiny’s evidence that she made her uncomfortable by her attitude, she said that she did not know what Destiny was talking about. “I cannot speak on behalf of Destiny,” she told the court.
The case will resume in the Windhoek Regional Court before regional magistrate Esme Molefe on 1 September.
Boois, who is also a former National Council member, is accused of raping his biological daughter twice. The former councillor is facing counts of rape and incest.
The State is alleging Boois raped the then 20-year-old woman at Okahandja on 16 and 17 January 2021.
Boois is currently being detained at the Seeis police station. Emma Mayavero represented the State.