The police have concluded their investigations into the case of Denis Noa, a medical intern, who is accused of sexually violating an incapacitated patient at Katutura Intermediate Hospital in April.

Public prosecutor Victoria Thompson informed the court laboratory results that were outstanding are now available, indicating that investigations have been finalised.

Although she sought a postponement, Thompson informed the court the State is ready for Noa (26) to tender his preliminary plea before the matter can be transferred to the prosecutor general for decision.

Magistrate Niinja Hochobes postponed the matter to 17 February 2022 for a preliminary plea, and extended Noa’s N$10 000 bail.

Prosecution is charging Noa with a count of rape for allegedly sexually violated an 18-year-old male patient on 11 April while he was stationed at the Katutura Intermediate Hospital as a medical intern.

He has since denied the allegation.

In his defence, during his bail application, he said he has taken an oath not to harm any of his patients.

He also claimed the allegations against him are defamatory and malicious, and 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.

But the investigating officer dealing with his case, 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 on the patient.

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, the physiotherapy unit is not operational during weekends.

Thus, there was no need for Noa to take the victim for therapy.

- mamakali@nepc.com.na