Africa-Press – Namibia. FORMER National Council member Steve Biko Booys will be facing a “potent case” from the state when he stands trial on the rape charges on which he was arrested two years ago, a magistrate has remarked in the Windhoek Regional Court.
“At this juncture, the court finds that the state’s case is now even more potent than it was before, due to the scientific evidence, being the DNA report that links the applicant [Booys] to the commission of the crimes,” magistrate Victor Nyazo said on Monday in a ruling in which he dismissed Booys’ third application to be granted bail.
Adding that he was aware that Booys has indicated he would challenge the admissibility of alleged DNA evidence in his case, Nyazo said for the purposes of Booys’ bail hearing before him the evidence that the prosecution says it has available indicates that “a clear, potent state’s case awaits [Booys] at trial”.
Nyazo also said: “Based on the evidence in the state’s docket, the probability of the accused being convicted is not a remote possibility, but it is likely.”
Booys (44), who is a former Swapo regional councillor for the Okahandja constituency and also represented the Otjozondjupa region in the National Council, was arrested on 2 February 2021 on charges including two counts of rape.
The charges are based on allegations that he raped a 20-year-old woman at his house at Okahandja on 16 and 17 January 2021.
Booys has been held in custody since his arrest.
A first application by him to be granted bail was dismissed in the Okahandja Magistrate’s Court in April 2021, and a second bail application ended similarly in January last year.
Booys’ trial was scheduled to start in the Windhoek Regional Court on Monday last week, but did not commence after he instead launched another application to be granted bail.
During the bail hearing before Nyazo, Booys told the court he was being prosecuted based on a conspiracy involving the complainant in the matter, the police and the state.
He also claimed the complainant has a mental disorder and that she has been diagnosed with bipolar disorder.
He would deny guilt on all charges during his trial, and would challenge evidence like cellphone call and message records and DNA test results, Booys said.
In his ruling on Monday, Nyazo dismissed Booys’ claim that there was a conspiracy against him.
He stated: “I find that such assertion is nothing but an illusion as it is not substantiated by any factual evidence.”
Nyazo concluded that the facts presented to him during the hearing did not change the initial reasons on which Booys was previously refused bail.
The magistrates who turned down Booys’ first two bail applications found that it would not be in the public interest or the interest of the administration of justice for him to be granted bail.
Booys’ trial is now due to start on 26 June.
Defence lawyer Marthino Olivier represented Booys during the hearing before Nyazo.
The state was represented by public prosecutor Bernadine Shimutwikeni.
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