Keetmanshoop — Regional Magistrate, Sunsley Zisengwe, postponed the case in which Ali Said Abdullah Allanasari stands accused of sodomy to March 08 to enable him to consider evidence entered by both the defence and prosecution for a possible judgement.
The court started hearing submissions last Friday in the matter, which has sparked a great deal of local interest.
Allanasari, a national of the United Arab Emirates is accused of sodomising an underage girl (9 years old at the time) at Naute Dam in 2012.
According to court records, Allanasari, of no fixed abode, got unusually friendly with the girl, who cannot be named for legal reasons. On the day of the alleged crime, the accused is alleged to have picked the girl up in his car, drove her to a dumping ground where he allegedly forced her to perform fellatio on him and also inserted his finger inside her anus.
Namibian common law criminalises sodomy that is described as anal or oral intercourse between human beings, or any sexual relations between a human being and an animal, the act of which may be punishable as a criminal offence.
It is alleged the suspect lured the unsuspecting girl to the dumping ground after he posed as a friendly caring person when he found the girl sitting separately from her playmates.
In his closing arguments prosecutor Alexander Veiko said that based on the evidence presented by the State there is proof beyond reasonable doubt that the accused "committed the rape offences" as alleged.
He, however, conceded that the evidence does not prove the charge of abduction and that the court may acquit the accused on that particular charge. Veiko, in a rather lengthy submission asked the court, while applying caution, to find that the evidence of the complainant is trustworthy and reliable.
Referring to the victim he said: "The complainant showed qualities of intelligence with a high capacity of observation and ability to narrate a coherent story."
Percy McNally, the defence lawyer of the accused, in his submission said it is farfetched to suggest that the accused would commit a sexual act, as alleged, with the child in broad daylight, and without being on the alert for any passersby.
"It stands to reason that all the inhabitants of Naute Dam had access to the dumping site to dispose of rubbish," he argued. He further argued that the investigation of the case was done "in a most unsatisfactory manner," accusing the investigating officer of riding roughshod over the rights of the accused.
"He made no attempt to obtain objective scientific evidence of the alleged incident of the insertion of a finger into the anus of the victim. Neither did he take finger clippings; nor confiscate the clothing of the accused and dispatch it to be tested for semen," he said.