Prosecutor General Martha Imalwa has filed an application for leave to appeal the acquittal on appeal, of student doctor and rape accused Dennis Iipumbu Noa (30).

The application was filed in the High Court last week by State Advocate Palmer Khumalo against the verdict of not guilty given by High Court judges Herman January and Philanda Christiaans on 8 November last year. 

Noa was at first found guilty of rape in the Katutura Magistrate’s Court by regional magistrate Victor Nyazo. He appealed against that conviction, and was found not guilty by Judges January and Christiaans.

 The State wants to be allowed to appeal that acquittal in the Supreme Court. They claim the judges disregarded or paid insufficient regard to the totality of the circumstantial evidence which proved the guilt of Noa beyond reasonable doubt. 

According to the State, the finding by the judges that although one may infer that a sexual act was committed, considering the injuries to the genital area, the only reasonable inference cannot be that it was committed through rape, was faulty.

Further, the State submits, the judges disregarded the fact that once a sexual act was inferred, it could only have been committed in coercive circumstances, regard had to be taken to the condition of the victim. 

Noa was accused of sexually violating a comatose 18-year-old male patient on 11 April 2021.

The State also questions the judges’ finding that it was possible a fifth porter existed, despite evidence pointing to the contrary. The State also says the finding by the court that Noa’s version was reasonably possibly true while it was not supported by evidence, but merely on his say-so which was controverted by evidence led by the State, was wrong. 

In fact, the State says, evidence was led that the occupational therapy department did not operate on weekends, there was no reason for the accused to take the patient to the boardroom, there was no fifth porter on duty, and the accused failed to identify the porter in question, and in fact wrongly identified the uniform of security guards as that of porters.   

Noa’s defence team, led by Janike McLeod-Janser from Shikongo Law Chambers, indicated that they will oppose the leave to appeal application, and said the High Court was correct in finding that there was no evidence to convict their client. 

Noa was represented by Sisa Namandje during his appeal in the High Court.

-rrouth@nepc.com.na