18 February 2013

Namibia: Sodomy Suspect in Court

Windhoek — A man who is suspected of sodomising a seven-year-old boy appeared in the Windhoek Magistrate's Court last week Friday.

The suspect Jeremia Toze Kamuhamba is alleged to have sodomised the boy who shares a house with him and his mother Monday last week, while they were alone at home.

The mother, who may not be named to protect the identity of the minor, repeatedly burst out in tears in the court on Friday and at one stage called out "No bail your Honour, No bail please."

Before the court appearance of the suspect the distraught woman told New Era that when she went to confront Kamuhamba about the allegation, he and his live-in girlfriend, Mercia Gaoses, allegedly started to beat her, causing her to open a charge of assault with the intent to cause grievous bodily harm against them plus a charge of rape against Kamuhamba.

Both the accused were granted bail of N$500 the same night, but Kamuhamba was detained on the rape allegation. It was earlier reported that both mother and son received trauma counseling after the incident and that the minor was treated at the Katutura Intermediate Hospital and that tests were done to determine whether he was raped. He also underwent a HIV test on Tuesday last week.

The case of assault was first on the roll and Prosecutor Oscar Sinvula informed the court that it is alleged that both Gaoses and Kamuhamba assaulted the complainant. He further said that Gilroy Kasper represents both the accused.

Sinvula asked the court to order that while Gaoses posted bail, conditions must be added such as that she must not have direct or indirect contact with the complainant and/or her son and that she must vacate the premises she is renting with the complainant and that she may not interfere with the investigation.

Kasper agreed with the conditions, but wanted the court to give his client at least a week to remove her belongings and informed the court that his client has already secured other lodgings for the time being. The matter was then postponed to March 12 for further investigation and Goases in particular was strictly warned not to make contact with the complainant directly or not to have anyone else contact the complainant on her behalf.

After Magistrate Nuule Tuvoye made her orders to Gaoses it was the turn of her live-in boyfriend, Kamuhamba to take the stand alone as his charge of rape was read to him. Kasper again stepped to the plate as the defence counsel and indicated to the court that they would lodge a formal bail application soon.

The state at this stage opposes bail in the strongest terms, Sinvula informed Magistrate Tuvoye and asked that the matter be remanded to April 12 for further police investigation. Kamuhamba will remain in custody pending his bail application.

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