Rundu, March 17 – – A prominent Rundu based lawyer, Bernhard Tjatjara fired shots in an attempt to convince the Rundu based Magistrate B. Mufana in court today, to grant bail to his client, a Rundu Police Officer accused of rape in February this year at Masivi Village, Kavango East Region.
Tjatjara presented a series of arguments:
He first argued that the application was oxymoron as the complainant in the matter initially did not object to bail, but suggested to the court to grant bail with conditions. The Investigating Officer told the court that the complainant informed her that bail could be granted with a condition that the accused should not interfere with her or her family.
Tjatjara further argued that the Investigating Officer seemed to have influenced the complainant to change her stance but failed to get a bail objecting statement from her.
” Everyone in Namibia accused of crime is presumed innocent until proven guilty, including a Policer Officer”, he argued. “Every one is equal before the law,
Public interests or the interests of the administration of justice cannot be served if my client was remanded in custody to appease members of the public who had no clue about what the court is bound to consider in a bail hearing.Courts decide on principles of law and not courts of social media”, said Tjatjara.
Tjatjara believe that the State failed dismally to prove a strong case against his client and with that it didn’t matter what the public thought at most.
He furthermore said ” bail conditions will allay fears of interference with Police Investigations or witnesses, so that the State Prosecutor and or the Investigating Officer cannot have sleepless night, he went on. It’s a misdirection if the court did not carefully consider bail conditions”.
Tjatjara argued that crucial witnesses statements were already taken and that the likelihood of interference was non-existent.
Bail is not a form of punishment. He told the Magistrate that his client was a good candidate for bail, who will comply with bail conditions, which his client and the complainant equally suggested.
The bail application continues tomorrow in Rundu Magistrate Court from 9am.
mrobert@namibiadailynews.info
