By Simon Liseli
A Namibian police (NAMPOL) constable, Samuel Andreas (36) was sentenced to 30 years imprisonment for rape on June 6, when he appeared before the Katima Mulilo Regional Court.
Magistrate William Kasitomo sent Andreas under lock and key after he was convicted on two (2) counts of rape in contravention of section 2 (1) (a) of the combating of rape act, act 8 of 2000.
On each count, Andreas was convicted for 15 years each, totaling to the 30 year jail term.
In 2007, Andreas, who was stationed at Chetto police base in the western Caprivi, raped his victim then aged 11 years by having sexual intercourse with her in his bed at his home situated at Macaravani during the late night of December 28.
During the trial, the court heard that Andreas met the victim after he had offered her accommodation at his place. The victim was initially in the company of an Aunt and Uncle, when he had drove them to town from Chetto to Katima Mulilo.
The Uncle was however dropped off at Kongola area, while Andreas and the victim along with her aunt proceeded to the town centre.
Upon arrival at Andreas’s house, the aunt left the victim watching TV, when she went to sleep at her house where the victim could not be accommodated.
It was during night that Andreas proceeded to rape the victim and then raped her for the second time during the early hour of December 29, 2007.
The rape ordeal was only alerted to the friends the next day, leading to Andreas’s arrest.
In his defence before the regional court magistrate (Mr. Kasitomo), Andreas did not dispute sleeping with the victim on the same bed but denied ever having sexual intercourse with the girl who was then aged 11 years old.
In his ruling Kasitomo said during the trial, the victim remained composed and unshaken while under cross examination when she gave evidence, which was also collaborated by her friends who gave testimony and the medical examiner.
The state prosecution was conducted by Mr. Jatiel Mudamburi while Andreas represented himself . His CR NO is 170/12/2008 and the regional court case number (RC) 14 of 2011 (Rape).
Meanwhile, Imasiku Kwala (21) of Ishubu Village in Musanga area East of Katima Mulilo town appeared before the regional court magistrate Kasitomo facing charges of abduction and two (2) counts of rape by alternatively having sexual intercourse with a girl under the age of 16 years.
The minor had admitted before the court that Imasiku was her boyfriend and that she agreed to have sexual intercourse with him he was then acquitted on rape account and convicted on (2) counts of having sexual intercourse with a girl under the age of 16 years.
The State was represented by Public Prosecutor Mr. Mudamburi, who alleged that Kwala abducted the minor unidentified child aged 13 years against her will from her parents on December 29, 2009, with the purpose of having sexual intercourse with her.
At the time of the incident, Kwala was aged 19 years.
During the trial, the victim testified in court she informed them that Kwala was her boy friend and that she agreed to have sexual intercourse with him on 25 December 2009 and also on the 26th of February 2010.
When the mother to the victim testified, she also informed the court that she was not concerned with Kwala having sexual intercourse with her daughter
This led to Kwala’s conviction of abduction being overruled and given a fine of N$ 2000 or ten months imprisonment to all three counts and alternatives to count 2 and 3, that were ordered to be run concurrently.
This left Kwala with a total of N$4000.00 or 12 months imprisonment. His CR NO is 147/02/2010 and the regional court case number is RC 22of 2010 (abduction of rape).
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