Swakop man acquitted of rape charges
One of two men accused of rape in Swakopmund during 2015 and 2017 dodged a bullet last week when all charges against him were dismissed in the Windhoek High Court by Judge Claudia Claasen.
Claasen said the state failed to adduce any evidence against Desmond !Owos-Oab, and he, thus, stands to be discharged on all counts he was facing.
With regards to his coaccused, Chris van Wyk, the judge said that except for a charge of rape, he too is acquitted on the other charges he faces.
Van Wyk faced three counts of rape, one count of assault with intent to cause grievous bodily harm and one count of theft, while !Owos-Oab is facing two counts of rape, one count of assault with intent to cause grievous bodily harm, one count of theft and one count of housebreaking with intent to rape and rape.
According to the charge sheet, both accused on 1 November 2015, at an area near Masilo Street in Mondesa, Swakopmund, whilst the complainant was on her way to a friend’s house, approached her and then assaulted and raped her.
It is further alleged that they took turns with the one helping the other to commit the vile deed.
With regard to the housebreaking charge, it is alleged that !Owos-Oab, during the evening hours of 5 March 2017 broke into the room where the complainant was lying, passed out after a drinking spree, and raped her. This charge was, however, withdrawn by the State.
Both tendered not guilty pleas at the start of their trial.
In relation to !Owos-Oab, Claasen said the State correctly conceded that no evidence upon which a reasonable court acting carefully could convict him and he is entitled to the discharge.
However, she said, the position in respect of Van Wyk is slightly different. “As for the statutory rape charge, the court heard evidence from the State and the court became privy to the version postulated by the defense.
In short, the version is that accused 1 (Van Wyk) and the complainant agreed to have sex in a toilet, which could not materialise, and they went home.
As they walked, they fell prey to four men, who attacked them.
She went on to say that both the versions of the State and Van Wyk place him on the scene.
According to the judge, the evidence of three eyewitnesses that they observed Van Wyk on top of the complainant and that he was making movements consistent with having intercourse was not displaced by the defence despite rigorous cross-examination.
“Nor was the evidence of such poor quality that it does not constitute a prima facie case on the rape count,” she said.
For that reason, she said, he stands to be put on his defence.
With regards to the other charges, the judge said no prima facie evidence was put before the court to allow it to ask answers from Van Wyk. Siyomunji indicated to the court that his client will not take the stand to testify.
The matter was remanded to 19 March for submissions of the verdict.
The state was represented by Dominic Lisulo.