Eba Kandovazu & Marthina Mutanga
THE lawyer representing the 45-year-old Warren du Pont, accused of raping a three-year-old girl suggested to the investigating officer under cross examination that the victim might have inflected injuries to her genitalia by herself.
Du Pont started with a formal bail application to the Windhoek Magistrate’s Court on Friday. The matter continued on Monday.
A medical report before court indicates that the victim’s hymen was broken and that penetration had occurred.
When exactly the alleged rape occurred remains a mystery. The accused person was arrested on 2 December and has been in custody since.
The investigating officer, Sargeant Aindongo indicated to the court that the child had informed her teacher that she experienced pain and discomfort.
Upon further probing, the child identified the alleged perpetrator as her mother’s friend.
“He touched me there. He put things there. Yes, it hurt so much. I told him to stop but he didn’t. I was bleeding,” an extract from the victim’s testimony was read in court.
Du Pont’s legal representative argued that the allegations against his client are mere hearsay and as such inadmissible. Advocate Louis Botes further argued that his client was arrested without a proper warrant of arrest.
The witness however responded by saying that hearsay evidence in cases in domestic violence cases involving minors is admissible in court.
“Did it ever occur to you that there is a possibility that the pain the victim experienced was self-inflicted? That she used her own fingers or other objects like sticks in her vagina?” Advocate Botes put it to the investigating officer.
The bail application is set to continue before Magistrate Jolla Gawanab.
