Bail rules probed WRITTEN BY EDSON HAUFIKU THURSDAY, 23 JANUARY 2014 06:31 THE tragic history of rape and murder accused committing horrendous crimes while free on bail, repeated itself last week when an alleged rapist and murderer was part of the gang that raped an American Peace Corps volunteer in Katima Mulilo in the Zambezi Region. The issue of bail was also raised several times in parliament with politicians suggesting that the criminal procedure act and the conditions of bail be revisited by lawmakers. Last year alone, Namibia experienced numerous occasions where an offender released on bail committed the same offence, once released. In July, a trial-awaiting murder suspect Sageus Somaeb, 39, released on bail, returned to his murder scene and killed the mother of the six-year-old child he had killed, and had initially been arrested for. The mother was stabbed 17 times with a knife. A month later, Albert Duncan was fighting for his life in the Intensive Care Unit of the Katutura Hospital after being repeatedly stabbed in the neck, ear, and back by Jeffrey Barman, a suspected murderer who was free on bail. When Barman was granted bail in May, Magistrate Conchita Olivier pointed out that a weak performance on the witness stand by the investigating officer played a substantial role in granting bail. Legal experts said although it will be difficult, it is possible that the Namibian Government could be sued for millions of dollars for freeing on bail a murder and rape suspect, later implicated in the horrific gang rape and assault of the young American. Human rights lawyers Norman Tjombe of Tjombe and Elago Attorneys, and Toni Hancox of the Legal Assistance Centre said the possibility of suing government exists, although such a case could be complicated, as one had to prove negligence on the part of the authorities beyond reasonable doubt. “Though it has never happened in Namibia, it is possible, but you would have to prove that the state did not take into consideration certain aspects that might have led to the release of the accused. Government cannot foresee the future to avoid released offenders from committing the same crime,” Tjombe said. Hancox agreed with Tjombe. She said everybody is innocent until proven guilty. Therefore a court cannot refuse an accused bail just because they are accused of a crime. The 25-year-old girl who cannot be named to protect her identity, was gang-raped by three suspects, Mapenzi Silimwe, 23, Kasuka Hendricks Numwa, 22, and David Mukela Mbanga, 20 last weekend. The three appeared in the Katima Mulilo Magistrates’ Court on Tuesday. Silimwe is a habitual criminal who is still facing separate charges of murder and rape at the town. The three were denied bail and their case has been remanded to 26 March for further police investigations.
Posted on: Thu, 23 Jan 2014 08:01:17 +0000
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