Africa-Press – Namibia. STEEL bars have become the unchanging horizon for former Okahandja Constituency Councillor and National Council member Steve Biko Booys, who has once again been denied bail—now for the sixth time.
Booys has been in jail for a period of five years since his arrest in February 2021, after being charged with raping a 20-year-old woman in Okahandja on two occasions, on 16 January 2021 and 17 January 2021, while she was either asleep or intoxicated.
Booys brought a fresh bail application based on new facts, after several unsuccessful attempts to secure his release.
Magistrate Atutala Shikalepo, in her judgement, explained that the first new fact is that Booys has spent a protracted period in custody.
She, however, added that Booys must appreciate the consequences of his actions, which have contributed to the delay of the trial, which she said includes recusal applications brought against the trial magistrate, as well as having changed defence counsel on more than one occasion.
“The second new fact brought by the applicant was that no trial date is set. I believe this goes hand in hand with the first fact raised by the applicant because it implies that, because a trial date has not been set, this causes further delay in the finalisation of the applicant’s matter. However, does it tip the balance in favour of the applicant considering the reasons why a trial date has not been set? I am of the view that it does not,” Shikalepo said.
She added that the third new fact is that Booys’s brother had recently passed on and that this has left no one to take care of his family, particularly his children and elderly mother.
The magistrate, however, said that this is a natural consequence of incarceration and does not necessarily form a new fact, as Booys would have and should have foreseen the consequences of what incarceration brings.
“In terms of the law, does this purported new fact have the relevance enough to sway the scale or tip the scale in favour of the applicant? The answer is negative,” Shikalepo said.
She further said that the fourth ground, which pertains to Booys having difficulty preparing for trial while in custody, is not a new ground, as it was previously raised.
“The fifth and sixth grounds will be dealt with together as they go hand in hand. The fifth ground speaks of the state’s case having been weakened due to the testimonies of witnesses that have been contradicted, according to Booys. It is settled law that it is for the trial court to determine the admissibility and evidential value of evidence presented. The accuracy of the totality of the evidence would not ordinarily be considered at this stage to determine the strength or the weakness of the state’s case. Bail is an inquiry which should not include pre-judging of the issues that should be decided during trial, as it would result in an adverse effect on the criminal process,” Shikalepo said.
Further to this, the magistrate added that Booys is not only charged with one count but multiple charges which are serious, and, if convicted, a substantial sentence of imprisonment would in all probability be imposed.
“That fact alone would be sufficient to permit this court to form the opinion that it will not be in the interest of either the public or the administration of justice to release the applicant on bail. This, however, is not a new fact, as it was also raised in the fifth application brought by the applicant,” Shikalepo said.
She concluded that Booys has thus failed to display the basis on which the bail applications on previous occasions were refused, and dismissed his sixth attempt.
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