Dennis Noa, a medical intern, who is currently fighting to be released on bail, is scheduled to be back in court today.
The 26-year-old Noa’s hearing is scheduled to resume before magistrate Esme Molefe in the Katutura Magistrate’s Court after it was temporarily placed on hold last week.
Noa has been in police custody since his arrest on 12 April on a charge of rape.
The State is alleging that Noa, a medical intern stationed at Katutura Intermediate Hospital, sexually violated an 18-year-old male patient on 11 April.
Noa has been an intern at the hospital for eight months.
At the start of the hearing, Noa denied any wrongdoing.
In his defence, he indicated that he was not guilty of the allegations as stated by the State, as he has taken an oath not to harm any of his patients.
He indicated the allegations against him are defamatory and malicious.
He informed the court that on the date in question, while on duty, there was an unresponsive patient due to a head injury he had sustained in a car accident.
He tried to locate a hospital porter but failed.
The investigating officer dealing with his case, Warrant Officer Esther Kawiwa, testified they could not identify nor locate a person matching the description of the hospital porter as indicated by Noa.
Kawiwa further testified that according to the laboratory results obtained, no semen was found.
She informed the court that despite the results being negative for semen, it does not exonerate Noa.
She testified that the absence of semen does not necessarily mean that rape did not occur. It was her testimony that the Rape Act defines that rape does not only occur by means of insertion of a penis but other objects as well.
Kawiwa said according to the information at hand, on Sunday 11 April, Noa was seen by two witnesses wheeling the victim from the head injury ward to the conference room and locking the door behind them.
Noa was allegedly questioned by a witness as to where he was taking the patient, to which he answered he was taking him for physiotherapy, which is situated on the ground floor of the building.
However, investigations revealed the physiotherapy unit is not operational during weekends. Thus, there was no need for Noa to take the victim for therapy.
Kawiwa further testified there was no referral letter indicating the patient needed to be taken for therapy, which is a standard procedure at the hospital.
Noa allegedly returned the victim to his ward.
An unopened condom and tissue were found on the victim’s bed.
Upon inspection of the victim, blood and discharge were found on the anal area.
Kawiwa said there was also anal fissure and soreness.
According to Kawiwa, the victim had no injuries on him prior to being in the company of Noa.