Werner Menges
28 May 2008
Windhoek — THE rape charge that had been pending against prominent northern Namibian businessman Onesmus Tobias Amadhila for the past ten months was withdrawn in the High Court in Windhoek yesterday.
On what was supposed to be the first day of his trial on charges of incestuous rape, attempted rape and assault with intent to do grievous bodily harm, Amadhila (45) ended up spending less than ten minutes in the dock before Judge Sylvester Mainga before leaving the High Court knowing that the charges against him had been withdrawn by the State.
Amadhila, whose business interests include Outapi Town Lodge, which he owns, was soberly dressed in a charcoal-grey suit, blue shirt and matching tie for the court appearance.
Represented by one of Namibia's top criminal lawyers, Louis Botes, and instructing lawyer Sisa Namandje, Amadhila maintained his silence throughout his brief appearance in the dock.
Namandje had earlier announced, when the claims against Amadhila first surfaced publicly, that Amadhila was denying the accusations.
Amadhila faced charges of attempting to rape a 20-year-old employee of his at Outapi Town Lodge on January 22 2006, a charge that he had raped a 21-year-old female relative of his at the same lodge on July 8 2006, and a charge that he had assaulted the same relative, also at the lodge, on July 3 2006 by beating her with a sjambok.
State advocate Dominic Lisulo told Judge Mainga that the withdrawal was provisional.
He said the charges were being withdrawn in terms of the Criminal Procedure Act's section 6(a), which allows a prosecutor to withdraw a charge against an accused person before the person has pleaded to the charge.
With such a withdrawal, an accused person is not entitled to a verdict acquitting him or her on the withdrawn charge, the Act states.
This means that Amadhila could conceivably again be prosecuted on the same charges in the future, if the Prosecutor General decides to continue with the prosecution.
Prosecutor General Martha Imalwa, whose decision to indict Amadhila on the three charges prompted his arrest on July 12 last year, told The Namibian yesterday that the withdrawal would not be the end of the prosecution against Amadhila.
"No, definitely that is not the end of the matter," she said.
"As soon as the complainant is available, we will definitely bring the matter back to court."
Lisulo told Judge Mainga that the State was unable to proceed with the case at this point because the complainant - understood to be the relative that Amadhila is accused of having raped - is studying at a university in South Africa, and that her exam timetable clashed with the schedule for Amadhila's trial this week.
According to Imalwa, her office and the Police have also not been able to trace the complainant in South Africa since she moved there to study.
Lisulo further told the Judge that the Police officer that he wanted to call to tell the court about the efforts to trace the complainant, Detective Inspector Calvin Kachana Elijah, had passed away.
Elijah died at the Oshakati State Hospital on Saturday.
He died from injuries sustained in a road accident in the Omusati Region on Tuesday last week.
Defence counsel Botes told Judge Mainga that the defence had been informed last week that the State intended to withdraw the charges.
The defence had no objection against this step, but also wanted the court to take note that they are reserving all Amadhila's rights in respect of any possible future prosecution against him, Botes said.
Amadhila had been free on bail of N$7 000 since making his first court appearance on the charges on July 12 last year.
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