A Windhoek resident, who is accused of raping his biological daughter several times and forcing her to abort the foetus after impregnating her, intends to apply for a discharge on some of the charges he faces in the Windhoek High Court.

The man, who may not be named to protect the identity of his alleged victim, pleaded not guilty to several counts of rape, incest, sodomy and inducement of abortion before Judge Claudia Claasen. 

The State closed its case on Monday and yesterday, his lawyer Jermaine Muchali informed the court that he intends to bring a Section 174 discharge on the majority of the charges. 

A Section 174 is when an accused can be acquitted if the State failed to prove a prima facie case.  The application will be heard on 14 February.

The accused is facing three counts of rape, alternatively incest, three counts of child trafficking and two counts of assault by threat. 

The State is alleging that the accused repeatedly raped his biological daughter, impregnated her and then forced her to have an abortion. 

The abortion allegedly took place when the victim accompanied him during one of his various trips to Angola between 2010 and 2011. 

The alleged rapes were also perpetrated while the victim accompanied the accused on his trips and once during a family holiday in Swakopmund. 

After his arrest, the accused undertook a lengthy bail application, which eventually saw him being released on bail in July 2014. 

It was during that bail application that it was alleged in court that he made his daughter his wife.

The accused himself during cross-examination questioned whether the victim was his biological child. 

The present matter was provisionally withdrawn against him in 2015 after the Prosecutor General failed to decide in time on what charges and in which court to prosecute him and magistrate Justine Asino struck the matter from the court roll and refunded his bail money of N$25 000.

It was during his release from custody that he carried out a robbery and was sentenced to 15 years imprisonment, of which five years were suspended.

He was convicted of robbery with aggravating circumstances for an incident that took place in Khomasdal in Windhoek on 22 October 2015, when three people were robbed at gunpoint after they had bought stock valued at N$30 821 for a bar in Khomasdal.

The current matter was re-enrolled in 2018 after the PG decided to charge the accused in the Windhoek High Court.  

The prosecution is represented by advocate Palmer Khumalo.

- rrouth@nepc.com.na