The mother of a young girl, who was allegedly impregnated by her biological father and forced to abort the foetus, testified yesterday about the events. According to the woman, who may not be named to protect the identity of the victim, her daughter accompanied her father on business trips to the north and Angola, where he had several projects. During one of the trips, she said her daughter suddenly returned to Windhoek alone and confessed to her aunts – her mother’s sisters – that her father has been raping her.
They then informed her, and they reported the matter to the women and children abuse centre. The girl also refused to return to her father, the woman said – and they took her to a psychologist. She further said during November 2011, her daughter (then still a teenager) informed her she did not get her periods and, therefore needed a pregnancy test. The test confirmed the girl was pregnant but she did not want the baby, as the pregnancy was that of her own father. They then approached the magistrate’s court, which authorised the termination of the pregnancy, the woman narrated. Subsequent DNA tests done on the placenta of the foetus showed 99.9% that the accused is the father of the girl and the foetus. This was testified by a DNA expert before Windhoek High Court Judge Claudia Claasen.
The man, who may not be named to protect the identity of his alleged victim, pleaded not guilty to the charges before judge Claasen when his trial started late in 2019 after several delays. He is facing three counts of rape, alternatively incest, three counts of child trafficking and two counts of assault by threat. The State is also alleging that the accused repeatedly raped his biological daughter, impregnated her and then forced her to have 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 raped his wife. The accused, himself, during crossexamination, 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 The present matter was provisionally withdrawn against him in 2015 after the prosecutor general failed to decide in time on what charges and in which court to prosecute him.
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 daylight 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 liquor stock valued at N$30 821 for a bar in Khomasdal.
He was sentenced in February 2019 to 15 years imprisonment, of which five years were suspended on the usual conditions. The current matter was re-enrolled in 2019 after the PG decided to charge him in the Windhoek High Court. The accused is represented by Jermaine Muchali on instructions of the Department of Legal Aid and the prosecution by advocate Palmer Khumalo. - rrouth@nepc.com.na