The Oshakati High Court has dismissed an application by convicted rapist and businessman Sindano Hango to appeal his conviction in the Supreme Court.
Hango is now expected to be sentenced in the Oshakati Regional Court after his application to appeal his recent High Court rape conviction failed.
He was in February convicted of rape in the Oshakati High Court for raping his cousin in 2014.
He was initially acquitted of rape in 2019 in the regional court by magistrate Leopoldt Hangalo.
However, the State successfully appealed against his acquittal.
Acting Judge Danie Small on Friday ruled that leave to appeal prior to sentence is only allowed in exceptional circumstances where a grave injustice is likely to ensure.
Small said the court concluded it cannot allow a piecemeal appeal or entertain the application for leave to appeal in the absence of exceptional circumstances.
“Nothing at this stage warrants the consideration of reasonable prospects of success on appeal prior to the applicant’s sentence. Counsel for applicant could place nothing specific before this court to show that grave injustices or a failure of justice is likely if the criminal trial against the applicant proceeds to its natural conclusion in the regional court before considering his application for leave to appeal,” said Small.
The judge, however, said the court’s refusal to entertain the application prior to the imposition of the sentence does not prevent the re-enrolment of the application for leave to appeal once the regional court has sentenced the applicant should he wishes to persist with the appeal and the application for leave of appeal.
The court thus ordered the application to be struck off the roll. This judgement was concurred by Judge Herman January.
Sindano was also accused of bribing the complainant with N$10 000, allegedly to withdraw the rape charge.
The court heard Hango sent family members to talk her into withdrawing the case in exchange for N$10 000.
The initial investigation officer also tried to talk her into withdrawing the case.
It has been the victim’s testimony that Hango forced himself on her by holding her arms to the back while one hand forcefully removed her jeans and underpants she was wearing at the time.
During the scuffle, the victim says she fell to the floor and then fled to her room where Hango followed her, threw her to the bed and forcefully penetrated her.
The victim at the time also told the court that she informed several family members about the rape.
However, some attempted to talk her out of registering the case while others advised her to pursue it.
Hangalo at the time of acquitting Hango said after considering the evidence presented in court, he was not convinced that a rape was committed.
Hango in his own defence during the trial in the regional court maintained that the whole act was orchestrated and that it was the victim’s brainchild that he should give her money to take care of her personal needs.