OKAHANDJA – Former National Council member and Okahandja constituency councillor Steve Biko Booys, who is accused of rape, will hear tomorrow whether or not his bail application was successful.
Booys, who is accused of rape and incest in January, remains in custody after the Okahandja Magistrate’s Court postponed the ruling in his bail application to tomorrow.
Booys is denying accusations that he raped his daughter on two occasions in January.
Booys has been in police custody since his arrest on 2 February.
The state is alleging he raped the 20-year-old woman at his home at Okahandja on 16 January and also on 17 January this year.
Testifying before magistrate Khaepriums Swartz, Booys (42) denied accusations made against him, saying he wants to be released on bail.
Through his lawyer, Vernon Lutibezi, Booys submitted he has business interests, which he said includes a guesthouse at Otjiwarongo, a construction company as well a poultry farm, which requires his active involvement but he is not able to while in custody.
However, public prosecutor Bernadine Bertolini opposed his bail application, arguing he was not truthful when he said he did not make contact with the complainant.
“We submit that the accused person is a Namibian citizen and has moveable and immovable properties, but it does per se mean the applicant is an automatic candidate for bail. If granted bail, the applicant is in the position to influence the victim not to continue with the charges since he is her biological father,” Bertolini argued.
It is also alleged that the complainant was raped while she was affected by sleep or intoxicating liquor or a substance that mentally incapacitated her.
Booys told the court the complainant was at his house on the two days in
question.
He said there were drinks at his house, but denied that he provided alcohol to the woman.
Although Booys denied any contact with the victim, Bertolini said the State has evidence in the form of cell phone records and copies of messages that show Booys repeatedly contacted the complainant from 18 January to 2 February.
The prosecutor also told Booys that cell phone messages exchanged between him and his alleged victim showed the contact between them was specifically about the allegations of rape made against him.
Equally, Bertolini said, the State also has evidence that after the alleged incidents, Booys tried to persuade the complainant not to continue with charges against him and that he told her criminal charges would destroy him when the public and his enemies find out about it.
Bertolini informed the court that the State has a cell phone message which he sent to the complainant and in which he said he would get the morning-after pill for her to prevent her from falling pregnant.
– anakale@nepc.com.na