PG declines to prosecute rape-accused social worker
Prosecutor-General Martha Imalwa has declined to prosecute a 43-year-old Nkurenkuru-based social worker who was accused of raping and impregnating a 16-year-old girl - who had been referred to him for counselling after she was raped previously.
In his own rape case, Markus Nairenge Kaundu was found not to be the father of the victim’s youngest baby, after DNA tests returned negative.
Imalwa’s decision is contained in a letter dated 9 July in which she indicated that based on the available evidence, she declined to prosecute Kaundu, who was arrested in 2021 and charged with raping and impregnating the teenager.
The victim was assigned to Kaundu’s care after she was raped and fell pregnant. She had her first child at age 14.
After the DNA results were revealed in the Kahenge Periodic Court in May, the rape charge against Kaundu was withdrawn.
On Tuesday, Rundu magistrate Sonia Samupofu struck the matter from the roll.
Kaundu was out on N$5 000 bail following his 2021 arrest. He was represented by Bernhard Tjatjara.
Reinstatement
Meanwhile, Tjatjara has written to the gender ministry to reinstate Kaundu as well as reimburse him for the time he served his indefinite suspension without pay.
The letter was addressed to the ministry’s executive director, Esther Lusepani.
“We hereby write to notify your office that today, 11 July, the criminal case against our client... was withdrawn by the court.
“The case was withdrawn interalia because DNA results exonerated our client’s involvement in the commission of the alleged offence, as it was scientifically proven that he is not the father of the child that the alleged minor conceived,” he wrote.
“We now hold instructions to demand... that our client’s suspension be revoked, and he be permitted to reassume duty at his duty station...
“We further hereby demand that our client be paid his full remuneration for the period of his suspension, which should apply retrospectively from 18 November 2021," the letter read.
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In his own rape case, Markus Nairenge Kaundu was found not to be the father of the victim’s youngest baby, after DNA tests returned negative.
Imalwa’s decision is contained in a letter dated 9 July in which she indicated that based on the available evidence, she declined to prosecute Kaundu, who was arrested in 2021 and charged with raping and impregnating the teenager.
The victim was assigned to Kaundu’s care after she was raped and fell pregnant. She had her first child at age 14.
After the DNA results were revealed in the Kahenge Periodic Court in May, the rape charge against Kaundu was withdrawn.
On Tuesday, Rundu magistrate Sonia Samupofu struck the matter from the roll.
Kaundu was out on N$5 000 bail following his 2021 arrest. He was represented by Bernhard Tjatjara.
Reinstatement
Meanwhile, Tjatjara has written to the gender ministry to reinstate Kaundu as well as reimburse him for the time he served his indefinite suspension without pay.
The letter was addressed to the ministry’s executive director, Esther Lusepani.
“We hereby write to notify your office that today, 11 July, the criminal case against our client... was withdrawn by the court.
“The case was withdrawn interalia because DNA results exonerated our client’s involvement in the commission of the alleged offence, as it was scientifically proven that he is not the father of the child that the alleged minor conceived,” he wrote.
“We now hold instructions to demand... that our client’s suspension be revoked, and he be permitted to reassume duty at his duty station...
“We further hereby demand that our client be paid his full remuneration for the period of his suspension, which should apply retrospectively from 18 November 2021," the letter read.
[email protected]
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