Zorena Jantze
CITY Police spokesperson, Constable Fabian Amukwelele, who has been accused of rape, will hear whether or not he will be released on bail next week, 29 April.
Appearing before magistrate Shaatuna Kalla in day 3 of his bail hearing, Amukwelele’s defence lawyers, Eino Nangolo and Mbushandge Ntinda, argued that the State does not have enough grounds to oppose bail.
State prosecutor Rowan van Wyk argued that Amukwelele be remanded in custody due to fears that he will interfere in investigations, public interest and the administration of justice, as well as the fact that the state has a strong case against Amukwelele.
Defence Lawyer, Nangolo, however, argues that there is not enough ground for refusal of granting bail.
“My client is a 37 year old constable, he has no previous convictions or pending investigations against him,” Nangolo stated.
He further narrated that Amukwelele met the complainant in June 2019 and developed a relationship with the woman who accused him of rape.
He added that Amukwelele even informed his mother of the relationship he had developed with the complainant.
He added that on the day of the reported rape, 11 January, Amukwelele woke up to noises from occupants from the main house and the complainant cuddled him.
“The complainant kissed him, he requested her to reach for a condom, which she did. The complainant afterwards realised that the condom had burst. There was no force, there was consent,” Nangolo stated.
The version of events, however, differ for the complainant as she claims that Amukwelele went to shower, came back naked into the room, got on top of her despite her many protests for him to stop and stated that he only needed 5 minutes before raping her.
Nangolo stated that neither he nor his client is aware of any text messages in which Amukwelele admitted to raping the complainant, and requested that the State present any such evidence.
He added that the rest of the evidence submitted by Detective Sergeant, Emilie Nambahu, the initial investigating officer on the case, is merely hearsay and as such is inadmissible.
He further argued that abscondment of trial is not in any of the grounds presented by State for refusal of bail.
“There is no evidence that suggests that the applicant will abscond trial, irrespective of the fact that the state alleging that they have a strong case,” Nangolo argued.
He added that one needs substantial evidence that there has been a crime of rape and so far, social worker statements are not enough as they are merely hearsay.
He added that Amukwelele is in the position to pay bail of up to N$5,000 and will accept any conditions set forth by the court.
State Prosecutor Van Wyk, however, stated that the court can still refuse bail due to public interest and for the administration of justice to take place.
He stated that the complainant indicated that the intercourse took place under forceful circumstances and that the complainant told the suspect to stop on several occasions during intercourse.
Van Wyk stated that the applicant suffered trauma and is not in a state to testify and also fears being further victimised.
He added that Amukwelele from the onset obtained details of the case and full disclosure of the docket without the knowledge of the investigating officer.
Van Wyk stated that due to his well placed connections within the police, Amukwelele will be able to interfere with investigations which are still at an early stage, and as such should be kept in custody.
