Zorena Jantze & Eba Kandovazu
THE former Okahandja regional councillor and MP in the National Council, Steve Biko Booys, was today denied bail after a two-week long bail application trial.
Booys was arrested on 2 February 2021 and was charged on two counts of rape and incest.
It is further alleged that the complainant, age 20, was raped while she was affected by intoxicating liquor or a substance that mentally incapacitated her.
The rape allegedly took place on two different occasions, 16 and 17 January 2021, at the home of the accused.
Giving his grounds on why bail has been denied to Booys, Magistrate Khaepriums Swartz stated that there is no doubt that the complainant was at the house of the applicant during the period in question, as the investigating officer testified to medical evidence and text message extracts.
He added that the court is satisfied that there is a prima facie case against the accused person and if the accused is convicted that the offence of rape is undoubtedly a serious offence and possibly a lengthy custodial sentence is on the cards.
Swartz noted that should the accused person be released on bail and he interferes or influences the witnesses, the administration of justice will be prejudiced and in the end there will be no fair trial at all.
“In the instant matter, the applicant testified that he is the breadwinner, and added that the complainant in the matter is his biological daughter,” he said.
Swarts stated that it appears that the applicant is in a position of power over witnesses and also stands for the witnesses in a financial position, therefore in the instant matter, the applicant knows the witnesses and added that the investigation into the matter is in its infant stages.
With regard to the nature of the alleged crime, Swarts noted that at present, the State has prima facie evidence that the applicant committed these offences against the complainant.
“This country at present suffers an unprecedented wave of violent crime committed against the most vulnerable in society. Women and children as a class of persons constituting a significant portion of society have the most immediate and direct interest that the court protect them against those in society who have no respect to rights to life, dignity and integrity of others, rights which are enshrined in our Constitution. Women are entitled to demand that these rights are upheld by the courts,” Swartz shared.
He further stressed that the public cannot be left at the mercy of criminals where neither the police nor the courts can effectively protect them, and to this end, public interest becomes an important factor.
The matter was postponed to 14 July 2021 for further investigations.
