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Monday, January 30, 2006 - Web posted at 6:58:23 GMT German man held on sodomy charge denied bail * ELMA ROBBERTS at SWAKOPMUNDTHE defence of the German citizen who stands accused of attempted sodomy, assault with the intent to do grievous bodily harm and rape suffered a blow on Friday when his application for bail was denied in the Swakopmund Magistrate's Court. |
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Magistrate Gibson Imbili based his decision on the fact that the investigation against the accused is incomplete. Sixty seven-year-old Gunter Berndt will remain in custody until February 10, the deadline Magistrate Imbili has set for the investigation to be completed. State prosecutor Sitali Mayumbelo opposed the bail application on the grounds that Berndt might abscond never to return for his trial, that bail would not be in the interest of the public or justice, that Berndt might interfere with witnesses and that the investigation is still in progress. Magistrate Imbili dismissed the first three grounds offered by the State, but sent the accused back to prison pending the completion of the investigation. The investigating officer, Detective Sergeant Kandari Uushona, testified on Thursday that only two documents are still needed to conclude the investigation - a statement from a friend of the complainant and the reply to a request made to Interpol. Uushona was not willing to reveal details about the information requested from Interpol. Uushona had to be hard pushed for direct answers by defence counsel Stephen Kenny during cross-examination. Kenny asked her why the Police had taken Berndt to his home on January 13 without his lawyer being present, although it was known to the Police that Berndt had legal representation. Uushona replied that she was not sure whether it is standard procedure to inform an accused's lawyer in such instances. When Kenny questioned her statement by pointing out that she has been in the Police force for 19 years, she said that the case was hers and that she didn't feel like informing the legal representative at the time. Kenny requested the court on Thursday to release his client on strict bail conditions, arguing that Berndt could not leave the country since his passport had been confiscated. Berndt, who hails from Hamburg, Germany, visits Swakopmund for a few months every year and owns a house in Kramersdorf. He was arrested on January 11 after a 21-year-old man alleged that he was taken to Berndt's house and offered money in return for sexual favours. Berndt testified that he had never made any sexual advances towards the complainant. The accused, who understands very little English and no Afrikaans, testified through an interpreter that he had taken the complainant to his house after the young man approached him at the Mole and asked for food. He said he gave the complainant food on two separate occasions. He said the complainant also asked to borrow money for a trip to Windhoek, upon which Berndt gave him N$100. Berndt testified that the young man returned to his house to ask for more money, claiming that the money he received had been stolen. Berndt said he refused and closed the door on the complainant. He was arrested two days later. Berndt testified that, while in custody, he was approached by an inmate who told him that the charges against him would be dropped in return for N$5 500. Kenny said keeping someone incarcerated for the mere reason that the investigation wasn't completed, amounted to pre-emptive punishment. After the bail application, which was riddled by delays and postponements, Kenny said his client has lost all faith in humanity. |
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