Samuel Shinedima
THE regional court in Windhoek has, on Monday morning, rendered a verdict of innocence for city police officer Fabian Amukwelele, ultimately acquitting him of all the allegations of rape that had been levelled against him.
Amukwelele’s life took a devastating turn in 2020 when he found himself behind bars, accused of a heinous crime. The accusations revolved around an incident that allegedly occurred on January 11th of that year when a woman, employed in a different division of the City of Windhoek, claimed she was raped at his flat in Rocky Crest.
During the trial, defense lawyers Sisa Namandje and Eino Nangolo contended that the complainant provided conflicting accounts of what transpired before she ended up sleeping over at Amukwelele’s place. They argued that she gave various contradictory answers on crucial aspects.
The lawyers further detailed that while she made allegations of rape, her primary concern was avoiding pregnancy. The reason the case was opened months later was that she realized she was pregnant and couldn’t terminate the pregnancy without filing a case, adding that the criminal case had so much to do with the abortion – and not necessarily the truth of what happened.
In its verdict of “not guilty,” the regional court remarked that what transpired after the incident deserves thorough consideration before a conclusion could be made. The court further detailed that, according to the evidence presented in court, the two had checked up on each other after they left the flat and had exchanged messages discussing the incident of a condom that had burst.
They collectively agreed to get morning-after pills to avoid possible pregnancy, with Amukwelele willing to assist. She also mentioned that she is a member of a church club known as the Young Women’s group, where she mentors young girls. Being pregnant would not align with the values of the group, as one of its objectives is for members not to engage in sexual activities before marriage, and she is a respected member of the group.
The court further indicated that on the day of the incident, she was courageous enough to take morning-after pills but was not courageous enough to report the rape crime to the police. She later went to her private doctor, tells a story of a date rape, but even after she was strongly advised to open a criminal case, she refused.
“One can only conclude that she did that to build a case in anticipation of terminating the pregnancy if the morning after pills fail,” the court remarked.
As such, Amukwelele has been acquitted of all charges by the court and released. Additionally, the court has directed the refund of his bail amounting to N$7 000. He faced trial on two charges, one for kidnapping and another for rape.
Leave a Reply