Formal bail application proceedings are not to determine if the applicant is guilty or not but rather to prove if he/she is a good candidate for bail.
These were the remarks of Magistrate Shaatuna Kalla before granting bail to City police spokesperson Fabian Amukwelele (37) last week in the Katutura Magistrate’s Court.
Amukwelele was granted bail in the amount of N$7 000.
The police constable faces the charge after he allegedly raped a 29-year-old woman at his home in Rocky Crest in the morning of 11 January 2020.
Amukwelele, who was in custody since his arrest on 9 April, approached the court to consider releasing him on bail pending the finalisation of his trial.
Handing down judgement, Kalla said that looking at the evidence collected by the State, Amukwelele does have a case to answer to.
However, “All the evidence taken into account, the court is of the view that granting bail to the applicant (Amukwlele) would not defeat the prejudice the ends of justice,” said Kalla. Thus, the court ordered that Amukwelele should not contact the complainant directly or indirectly and should not go within 100 meters of the complainant’s residence or place of work.
Furthermore, he may not interfere with ongoing investigations or State witnesses in the matter and may not comment on the matter on social media platforms.
During the bail hearing, witnesses testified that the alleged complainant suffered from trauma as a result. According to court documents, the victim fell pregnant but the pregnancy was later terminated by order of the court. The investigating officer informed the court that they are waiting for the DNA results to determine if Amukwelele is the father of the terminated foetus.
Amukwelele, who testified in his defence, strongly denied any wrongdoing pertaining to the events of the morning of 11 January.
He testified he does not deny that the victim was at his place on 10 to 11 January, where he says they had consensual sex. He, however, claims that he did not force himself on the victim as she has claimed.
He maintained they had consensual sex. Amukwelele was being represented by local lawyer Mbushandje Ntinda, while prosecutor Rowan van Wyk was representing the State.
2020-05-11 10:01:11 | 16 days ago