KEETMANSHOOP – In an unusual way of exercising justice, magistrate Unchen Konjore yesterday granted bail to a detained person, accused of rape at the Keetmanshoop Magistrate’s Court, in absentia.

“If the matter is for a continuation of the accused’s bail application and the State was not ready last week and today by means of not bringing him to court whilst in police custody, it means the State is hampering the accused from exercising his right to have his application heard,’’ Konjore argued. 

As a result thereof, she ruled the court to set bail in the absence of the accused, Jonathan Witbooi. 

The magistrate, furthermore, stated despite the State proposing bail to an amount of N$3 000, it ruled that the accused should be granted bail of N$1 500 in his absence. 

Public prosecutor Marlon Adams, during court proceedings, informed Konjore that the Namibian police at Aus made several attempts to bring the accused from Aus. 

“Aus police drivers are allegedly testifying in the High Court but will bring him in the morning (yesterday),’’ he explained. 

Adams, when recommending the bail amount, explained that Witbooi has seven pending cases against him but that the police investigation in the case on the roll has been finalised.

Conditions attached to the granting of bail are for the accused to report himself to the Keetmanshoop Police Station every Monday, Wednesday and Friday between 08h00 and 16h0, and not to commit a similar offence whilst on bail. 

He will now be moved from Aus to Keetmanshoop Police Station to either pay his bail or remain in custody. 

The matter was then postponed as a final remand to 16 July 2021 for a plea.

 - sklukowski@nepc.com.na