Windhoek High Court Judges Christi Liebenberg and Herman January on Friday struck the bail appeal of former parliamentarian Steve Biko Booys from the court roll for lack of merit and late filing.

Booys, a former Okahandja regional councillor and ex-parliamentarian, lodged his latest bail bid after flunking out three times previously and abandoning another bail attempt. 

He is accused of raping his daughter twice. The former councillor is facing four charges, two counts of rape and two counts of incest. 

He filed an appeal against the bail refusal of Magistrate Khaepriums Swartz on 13 April 2021 – his first attempt at bail.

Narrating the course it took to bring Booys to this belated appeal, the judges said it is not clear why he chose to appeal against the initial bail refusal, and ignored the fourth bail application on new facts, which judgement essentially remains valid until set aside. 

The judges stated that the correct procedure to follow would be to appeal against all the judgements where he was denied bail. 

They said the explanation that Booys’ legal representative gave on why they chose to appeal against the initial bail ruling only and not all of them, was not satisfactory.

However, the judges observed that on the advice of previous legal representatives, Booys elected not to appeal, and he failed to provide any reasons for his failure to appeal any of the rulings, including the latest one. 

“Bearing in mind that the appellant from the outset knew his right to appeal, one is astounded why he did not appeal the latter judgement (which was directly linked to the first and subsequent bail application), but instead decided to revisit the initial bail application while having a complete disregard of the proceedings that followed,” said the judges.

Although Booys’ lawyer Marthino Olivier explained that he took it upon himself to follow this route, the judges believed that considering Booys’ silence in this regard in his affidavit, it was of no assistance for the purpose of condonation for the late filing. On the condonation explanation, the judges said, it was neither reasonable nor acceptable, and thus failed the requisites applicable to condonation applications. 

The judges further said the fact that Booys elected not to appeal against each refusal of bail, as he ought to have done, but instead reverted to the first bail application for unpersuasive reasons, in their view, constitutes an abuse of the process. 

This, they said, means that the prospects of success on the merits need not be considered when there was a “flagrant” non-compliance with the rules, demonstrating a glaring and inexplicable disregard. 

In considering the motives, merits and lack of bona fides in bringing this application, together with the lack of convincing reasons for the delay and the lack of success on appeal, the condonation application stands to fall, the judges stated.

The State is alleging that Booys raped his daughter, who was 20 years old at the time, at Okahandja on 16 and 17 January 2021. It is also alleged that the complainant was raped while she was under the influence of intoxicating liquor ,or a substance that mentally incapacitated her. 

The accused, who has been in police custody since his arrest on 2 February 2021, is denying the accusations that he sexually violated the complainant on two occasions.  

Booys is currently being detained at the Seeis police station. 

Felistas Shikerete-Vendura prosecuted for the State. 

-rrouth@nepc.com.na