A 67-year-old man, who was initially refused bail in the Walvis Bay Magistrate's Court, succeeded in having that decision overturned in the Windhoek High Court on appeal.
The man, who may not be identified to protect the identity of his alleged victim, is facing three counts of rape for allegedly violating his 13-year-old grandchild. Magistrate John Sindano refused to grant the pensioner bail on the grounds that the charges are serious and that the accused, who resides with the victim, may interfere with her.
He also refused bail on the grounds that it would not be in the interest of justice or the interest of society to release him on bail. His lawyer, Raywood Rukoro, then approached the Windhoek High Court to grant his client bail on the grounds that he is an elderly man and is not healthy. He also argued the magistrate overemphasised the seriousness of the offence, which has not been proven as yet, and the interference fears.
Windhoek High Court Judge Herman January granted the accused bail in the amount of N$3 000 with conditions. He ordered the accused must report to the police at the Kuisebmond police station on Mondays, Wednesdays and Fridays between 08h00 and 18h00. He is also not allowed to leave the local authority of Walvis Bay and Kuisebmond without the written permission of the investigating officer or the station commander of the local police station. He must also undertake to attend all court appearances as set down and must surrender his passport or any other travel documents to the police and is not allowed to apply for any new travel documents.