WINDHOEK – A Swakopmund resident who allegedly raped a 14-year-old and another woman in the spate of five days after being released on bail on a previous rape charge pleaded not guilty to four counts of rape and one count of attempting to defeat or obstruct the course of justice, alternatively obstructing a member of the police from carrying out his or her duties.
Brendan van Wyk did not provide a plea explanation and his legal aid lawyer, Mpokiseng Dube, informed Windhoek High Court Judge Dinnah Usiku that his client will remain silent and put the state to prove each and every allegation.
According to the indictment, Van Wyk first raped a woman in her flat in Mondesa on May 04, 2015. It is alleged that he and the complainant went out for drinks that evening with friends and the accused and a friend offered her and her friend a lift at around midnight. After they dropped the complainant off, the accused followed her to bring her a cellphone she forgot in the car. As she entered her flat, the accused managed to force his way into the flat, grabbed her, threw her onto her bed and threatened to stab her with a knife if she screamed, the indictment reads. He then proceeded to have unlawful sexual intercourse with her, it is further stated.
With regard to attempting to defeat or obstruct the course of justice charge, it is alleged that on May 22, 2015 when police officers went to his residence to arrest the accused, he resisted and fought with the officers.
With regard to the second rape count, it is alleged that on April 01, 2016 at around 06h30 that morning, the 14-year-old was on her way to school when she met the accused near the Tamariskia Cemetery. He then accosted and pulled her into a small abandoned building and threatened her with a knife if she screamed. It is further alleged that Van Wyk instructed the girl to walk through the cemetery up to a certain point where he pushed her to the ground and proceeded to remove her trousers and defiled her.
Five days later, the indictment reads, the complainant in the third and fourth rape counts was on her way to the NaTIS office in Swakopmund at around 05h00 that morning alone when she came across the accused who was walking in the same direction as her. As they were walking, the accused suddenly grabbed her by her clothes and became aggressive, it is stated. He then pushed her to ground and forced her to suck his privates whereafter he demanded to have sexual intercourse and proceeded to rape her.
The complainant in the first rape count testified yesterday and confirmed to the court what was indicated in the indictment. She told the court that she never consented to have relations with the accused. During cross-examination however, Dube told the complainant that his client says she invited him to her room after they were kissing and fondling each other during the car ride. He further said his client claims that after they finished having sex and the accused told her he is leaving, she said he cannot leave her like that, meaning she wanted money. The witness denied this and said she “will never, never have sex with anyone for money”. According to Dube, the sexual relations were consensual and the only reason the complainant laid the rape charge was because his client did not have enough money on him to pay for her services.
The trial is continuing today at the High Court situated at the Windhoek Correctional Facility and Van Wyk remains in custody.
2018-11-06 09:16:11 3 months ago