City Police spokesperson Fabian Amukwelele was acquitted yesterday on a charge of rape in the Katutura Magistrate’s Court.
Magistrate Leopoldt Hangalo found that the State witnesses were vague and omitted material aspects that ruled their evidence as unreliable. Amukwelele (41) was accused of sexually violating a then 27-year-old woman in January 2020 at his home.
Amukwelele, who was arrested on 8 April 2020, maintained during the bail hearing and trial that sex with the complainant was consensual and he did not rape her as she claims. It was his testimony that the complainant initiated for them to have sexual relations.
While the State represented by public prosecutor Bernadine Shimutwikeni argued that the contradictions in the State witness’ testimonies were minor and did not affect credibility, the magistrate said he is of the opinion that the high educational standards of the witnesses do play a significant role.
“However, what is doubtful is the way they conducted themselves in court. They were evasive in answering questions posed to them and opening up when the answer is favourable to them,” said Hangalo.
He said this was the trend for all the State witnesses including the complainant.
In the process, he said, it yielded contradiction and inconsistencies which were fatal to the State’s case.
Hangalo further said the complainant who has a master’s degree in engineering is not a dull person, but her actions after the alleged rape incident are doubtful.
According to Hangalo, the complainant’s behaviour after the fact is relevant in confirming Amukwelele version that the allegation of the rape is a hoax, fabricated for the purpose of terminating an unwanted pregnancy.
“On the day of the incident, she (complainant) was courageous enough to buy ‘morning after pills’ which are emergency contraceptives but was not courageous enough to report this heinous crime to the police or anybody else,” said Hangalo.
He further said the complainant, even after being advised to open a rape case at the police and undergo a rape kit examination, still refused despite her intellectual capacity.
This, Hangalo said, clearly shows that the complainant did that to build a case in anticipation of terminating the pregnancy if the emergency contraceptive fails.
“This is evident from her unsettling and shocking revelation at the end of her cross-examination that she has concealed crucial information on the rape which may be damaging to the accused,” he said.
According to Hangalo, such revelations show that the court was never told the truth.
Amukwelele on the other hand, the magistrate said gave a detailed explanation of what transpired and had been consistent throughout the trial.
Hangalo said he finds that the State failed to prove the allegations beyond a reasonable doubt and Amukwelele is entitled to the benefit of the doubt. Thus, acquitting him on the kidnapping and rape charges.
-rrouth@nepc.com.na