Attempted rape trial postponed again

GERMAN national Gunther Berndt (70), charged with attempting to rape a 21-year-old man at his Swakopmund home in January 2006, had to fly back from Germany last week to stand trial, just to hear for the 18th time that his case was being postponed.

It was the third time that the start of the trial in the Swakopmund Regional Court has been postponed. Berndt and his attorney, Steven Kenny from Windhoek, were visibly frustrated when they heard at the last minute last Wednesday that the trail was being postponed until October 27 because the complainant was absent.The complainant was said to be at sea, working.According to the charge sheet, Berndt met the complainant at Swakopmund’s Mole area and invited him back to his home in Kramersdorf, where he allegedly assaulted and tried to sodomise the man.Berndt pleaded not guilty to the charges.He said he took the man home because he felt sorry for him and wanted to give him some food and allow him to use the bathroom.The man then tried to blackmail him by calling the Police, Berndt claimed.He was arrested shortly after the incident and had to remain in Police custody for several months before a High Court decision granted him N$12 000 bail.One of the bail conditions was that he could not leave Swakopmund.In a previous hearing, Magistrate Gert Retief (now retired) reduced the bail to N$5 000 and cancelled the bail conditions, allowing Berndt to leave the town.Two years after his arrest, Berndt was permitted to return to Germany on condition that he returned for the trial.Berndt and his attorney, Steven Kenny from Windhoek, were visibly frustrated when they heard at the last minute last Wednesday that the trail was being postponed until October 27 because the complainant was absent.The complainant was said to be at sea, working.According to the charge sheet, Berndt met the complainant at Swakopmund’s Mole area and invited him back to his home in Kramersdorf, where he allegedly assaulted and tried to sodomise the man.Berndt pleaded not guilty to the charges.He said he took the man home because he felt sorry for him and wanted to give him some food and allow him to use the bathroom.The man then tried to blackmail him by calling the Police, Berndt claimed.He was arrested shortly after the incident and had to remain in Police custody for several months before a High Court decision granted him N$12 000 bail.One of the bail conditions was that he could not leave Swakopmund.In a previous hearing, Magistrate Gert Retief (now retired) reduced the bail to N$5 000 and cancelled the bail conditions, allowing Berndt to leave the town.Two years after his arrest, Berndt was permitted to return to Germany on condition that he returned for the trial.