The Windhoek Regional Court said the DNA report links former National Council member Steve Biko Booys to the rape allegations, making the State’s case against him stronger than before. 

Magistrate Victor Nyazo made these remarks on Monday before denying Booys bail for the fourth time.

Nyazo said although Booys has indicated his intention of challenging the DNA report, it does not take away the strong evidence in the State’s docket that awaits him at trial.

“Based on the evidence in the State’s docket, the probability of the accused being convicted is not a remote possibility, but it is likely,” said Nyazo.

He also said the reasons presented by Booys on which he based his application do not obviate the initial reasons relied upon by the court in the first bail application.

“With regards to the applicant’s assertion that there is a conspiracy against him by the State functionaries, I find that such assertion is nothing but an illusion, as it is not substantiated by any factual evidence,” said Nyazo.

Booys has been in custody since his arrest on 2 February 2021. 

His trial was placed on hold as a result of his bail application.

As per the prosecutor general’s decision, Booys will stand trial on two charges of rape with two alternative counts of incest.

The State is alleging he raped the 20-year-old woman at his home in Okahandja on 16 January 2021 and also on 17 January 2021. 

It is also alleged the complainant was raped while she was affected by sleep or intoxicating liquor or a substance that mentally incapacitated her. 

During the bail hearing, Booys denied the allegations.

He 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 he provided alcohol to the woman. 

Although Booys denied any contact with the victim, the State said it 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 last year.

The prosecutor further claimed the 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.

- mamakali@nepc.com.na