The bail hearing appeal of former National Council member Steve Biko Booys, accused of sexually violating his daughter, was put on hold yesterday by the Windhoek High Court.

Booys who was not present in court due to logistical issues, had his case postponed in absentia to 13 September. 

Judge Naomi Shivute said the postponement would give Booys, who is currently without any legal representation, the opportunity to arrange for new hearing dates. 

Booys’ former lawyer Vernon Lutibezi withdrew from his case in July, leaving him unrepresented for his appeal.

In his appeal, Booys is seeking an order that would set aside magistrate Khaepriums Swartz ruling on 13 April. 

Swartz refused to grant Booys bail, citing a strong prima facie case, that it was not in the public interest nor administration of justice and there is likelihood of him interfering with investigations and state witnesses.

He claims the court failed to ensure the complainant’s statement was handed up as part of the record. 

Swartz allegedly allowed the bail hearing to continue on hearsay evidence, led by the State, although the prosecution was in possession of vital documents such as medical reports of the complainant, the complainant’s statement and transcripts of messages allegedly between him and the complainant.

It is his argument the court gave no consideration to the fact that the only mode of communication between to him and complainant was the alleged but unproven or SMS messages.

 He added there is no evidence of him attempting to influence the complainant or any other witness. The court also failed to note there was no evidence on record to substantiate the allegations that he will interfere with ongoing investigations. 

Booys explained the court’s refusal to release him on bail not only affect his personal circumstances or his businesses, but it also affects other people’s wellbeing, as they depend on him and earn an income from his businesses.  

Booys, who is facing rape charges, is denying accusations that he sexually violated 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.

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 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. 

The prosecutor further claims 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.

The State, which is represented by Basson Lilungwe, is opposing his appeal, arguing that Booys failed to provide evidence of how the court misdirected itself by denying him bail. 

He has also failed on a balance of probability that he is a good candidate for bail. 

- mamakali@nepc.com.na