Rape-accused Amukwelele pleas for bail
By Eliaser Ndeyanale and Maria Kandjungu
RAPE accused City Police spokesperson Fabian Amukwelele this week again applied for bail after he was initially remanded in custody following his arrest two weeks ago.
Amukwelele faces a rape charge after allegedly sexually assaulting a female colleague at a house in Windhoek’s Rocky Crest. The incident is said to have happened on the morning of 11 January.
Amukwele, who denies the rape allegations, told the court that he had “consensual sex” with the complainant that morning after she slept at his place.
According to him, the complainant came to his place on 10 January upon his invite. She however could not drive back home later that night and wanted the tired Amukwelele to drive her home.
“I told her I was tired and fell asleep. In the morning, I woke up and she was in my bed, she kissed me and I returned the kiss. I told her to reach for a condom, which she put on me and we had sex.”
He said although he did not in words ask her if she wanted to have sexual intercourse with him, he presumed based on her behaviour and her initiation of a kiss that she wanted to have sex.
“If it was not consensual she had ample time to alert someone about it. She had her phone the whole time and I did not restrict her in any way,” he said.
During the bail appearance, Amukwele also told the court that he has no travel documents and has never travelled out of the country. He further informed the court that he does not intend to influence or interfere with investigations.
The State represented by Rolanda Van Wyk objected to granting him bail, saying he had the power to sway opinions and interfere with the investigation and administration of justice due to the position he holds within the police.
According to Van Wyk, Amukwelele has through text messages to the investigator made legal threats towards the alleged victim, proving his ability to interfere.
“He is in a … position to frustrate the investigation and legal administration, either by delays or just by virtue of his position.”
The State further argued that they have a strong case against Amukwelele as his admission and records put him at the scene of the alleged crime and he did not object to having had sexual intercourse with the alleged victim.
“We have a strong case,” Van Wyk said, noting that the case is a matter of public interest and Amukwelele should not be granted bail.
While the incident took place in January, the alleged victim only reported the incident in March, on the grounds that due to Amukwelele’s position, she feared that no one would believe her. Even after she reported the case it took the police about a month before they arrested Amukwelele.
She, according to the State visited her personal doctor on 12 January and informed them about the alleged sexual assault that led to her falling pregnant, but told him she would not press charges because of the rapist’s position. Police sources told Confidente that Amukwelele could not be arrested immediately as it was being investigated whether or not the pregnancy was a result of the alleged rape. “They were trying to gather evidence and proof that the pregnancy was a result of rape.
“After investigations were concluded, it was submitted at the Katutura Magistrates Court, where a magistrate was satisfied with the evidence and ordered that the victim get a legal abortion through the hospital. Only then did the police move to arrest Amukwelele, because it was proven that the victim had fallen pregnant as a result of rape. The docket is with the Namibian Police’s internal investigative department.
“At the time of the abortion, the pregnancy was said to be in the 11th week. That was the time the certificate of abortion was granted in the Katutura Magistrate’s Court. Abortion is normally done in the country before 24 weeks of pregnancy,” a police source said.
Khomas regional head of internal investigation department Chief Inspector Luchani confirmed that his unit is investigating Amukwelele’s alleged rape case but could not give more information on the matter.