Hostel father faces 20 rape charges
A primary school hostel caretaker, who is facing 20 counts of rape involving ten boys, has appeared in the Otjiwarongo Magistrate’s Court this week for his bail application.
The State prosecutor on Monday told the court that the investigation continues and there is a chance that the number of charges could increase, as more victims come forward.
Mervin Ngujapeua’s arrest at the beginning of March caused a public outcry, with family members and friends of the alleged victims threatening a protest march, should he be granted bail.
In addition, a signed petition was handed to the NamPol’s Women and Child Protection Unit in Otjiwarongo, when the bail application proceedings of the 48-year-old began last month.
According to the State, the ages of the victims range between 13 and 17. Prosecutor Johannes Kalipi said in court on Monday that the children “no longer live normal lives, and their lives have changed”.
He added that not all of the children have been able to receive counselling, because of the costs involved, before noting that they were all “traumatised”.
Ngujapeua appeared before Magistrate Helvi Shilemba on 20 counts of rape of the minor boys, who were under his care at a hostel in Otjiwarongo for at least three years.
In order to protect the identity of the boys, the name of the hostel is being withheld.
According to State, the allegations came to light earlier this year, and the alleged victims claim the abuse started at the end of 2013.
Kalipi told the court that the “children trusted him as a father figure” and that Ngujapeua had “broken” that trust.
The State says they have ten “credible witnesses” to support the charges.
According to investigators, the alleged abuse continued until February, when Ngujapeua was arrested.
The rape and molestation allegations include claims that he forced the victims to watch pornographic material.
The State is opposing bail for a number of reasons, including fears that
Ngujapeua could intimidate witnesses, even those that have not yet come forward.
Kalipi argued that there is “bad blood between the accused and the kids” and that the children had “no reason to fabricate these stories”.
The prosecution argued that Ngujapeua’s right to liberty is “outweighed by the rights of the victims”.
It was further argued that in light of the threats made by the community, it is in the best interest of Ngujapeua to remain behind bars.
Milton Engelbrecht, from Engelbrecht Attorneys in Windhoek, appeared on behalf of Ngujapeua on Monday.
Engelbrecht told the court that his client denied all the charges of rape and molestation, and was willing to pay N$5 000 for bail to be granted.
He further said that Ngujapeua was willing to move to Okondjatu, a village in the Okakarara Constituency where his family lives, for the duration of the investigations and trial.
The defence lawyer added that Ngujapeua is willing to adhere to strict bail conditions, including instructions to report to a police station on a regular basis in Okondjatu.
Engelbrecht argued that the court should not take into account the emotional aspects of the case, as expressed by the family of the alleged victims, but that it should take into consideration that there is “no evidence to suggest that he will attempt to interfere with witnesses or destroy evidence”.
He added that the defence and the accused have not been granted access to a potential witness list and “he does not know who they are”.
He also argued that the investigating officer has had “three months” to investigate the case, and her reasons why all the statements have not been collected “does not hold water”.
He noted that the possible fear that would result from release of the accused is an “emotional” statement and cannot be proven, and that there is “no proof that he is a danger”.
He further argued that there are no medical reports to support the allegations of rape and molestation.
Shilemba postponed the matter to 1 June when ruling on the bail application will be delivered.
JANA-MARI SMITH
The State prosecutor on Monday told the court that the investigation continues and there is a chance that the number of charges could increase, as more victims come forward.
Mervin Ngujapeua’s arrest at the beginning of March caused a public outcry, with family members and friends of the alleged victims threatening a protest march, should he be granted bail.
In addition, a signed petition was handed to the NamPol’s Women and Child Protection Unit in Otjiwarongo, when the bail application proceedings of the 48-year-old began last month.
According to the State, the ages of the victims range between 13 and 17. Prosecutor Johannes Kalipi said in court on Monday that the children “no longer live normal lives, and their lives have changed”.
He added that not all of the children have been able to receive counselling, because of the costs involved, before noting that they were all “traumatised”.
Ngujapeua appeared before Magistrate Helvi Shilemba on 20 counts of rape of the minor boys, who were under his care at a hostel in Otjiwarongo for at least three years.
In order to protect the identity of the boys, the name of the hostel is being withheld.
According to State, the allegations came to light earlier this year, and the alleged victims claim the abuse started at the end of 2013.
Kalipi told the court that the “children trusted him as a father figure” and that Ngujapeua had “broken” that trust.
The State says they have ten “credible witnesses” to support the charges.
According to investigators, the alleged abuse continued until February, when Ngujapeua was arrested.
The rape and molestation allegations include claims that he forced the victims to watch pornographic material.
The State is opposing bail for a number of reasons, including fears that
Ngujapeua could intimidate witnesses, even those that have not yet come forward.
Kalipi argued that there is “bad blood between the accused and the kids” and that the children had “no reason to fabricate these stories”.
The prosecution argued that Ngujapeua’s right to liberty is “outweighed by the rights of the victims”.
It was further argued that in light of the threats made by the community, it is in the best interest of Ngujapeua to remain behind bars.
Milton Engelbrecht, from Engelbrecht Attorneys in Windhoek, appeared on behalf of Ngujapeua on Monday.
Engelbrecht told the court that his client denied all the charges of rape and molestation, and was willing to pay N$5 000 for bail to be granted.
He further said that Ngujapeua was willing to move to Okondjatu, a village in the Okakarara Constituency where his family lives, for the duration of the investigations and trial.
The defence lawyer added that Ngujapeua is willing to adhere to strict bail conditions, including instructions to report to a police station on a regular basis in Okondjatu.
Engelbrecht argued that the court should not take into account the emotional aspects of the case, as expressed by the family of the alleged victims, but that it should take into consideration that there is “no evidence to suggest that he will attempt to interfere with witnesses or destroy evidence”.
He added that the defence and the accused have not been granted access to a potential witness list and “he does not know who they are”.
He also argued that the investigating officer has had “three months” to investigate the case, and her reasons why all the statements have not been collected “does not hold water”.
He noted that the possible fear that would result from release of the accused is an “emotional” statement and cannot be proven, and that there is “no proof that he is a danger”.
He further argued that there are no medical reports to support the allegations of rape and molestation.
Shilemba postponed the matter to 1 June when ruling on the bail application will be delivered.
JANA-MARI SMITH
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