Rape accused medical doctor Dennis Noa has asked the Ondangwa Magistrate’s Court to grant him bail so he can return to work at a state hospital while the case is under investigation.
Noa made his first appearance before magistrate Nelao Ya France yesterday.
His lawyer, Allan Homela of BB Boois Attorneys, told the court yesterday that his client is a medical doctor serving the public and should be allowed to resume his duties.
He argued that Noa is presumed innocent until proven guilty and asked the court to grant him bail.
“We would like to request that this court consider that the accused person in this matter is a medical doctor who is serving the public in a public hospital and would like to return to his duties as soon as possible. He is a Namibian citizen and he is expected to return to his duty of work as a medical doctor,” Homela said.
Noa was arrested in connection with the alleged rape of a man (26) at his flat on a public hospital’s premises.
As an alternative, Homela requested an urgent date for a formal bail application before the end of July or during the first week of August.
The state opposed bail, saying rape is a serious offence and that releasing Noa would not be in the interests of justice or the public.
State prosecutor Aina Mwaala said Noa could interfere with witnesses or the ongoing investigation, commit similar offences if released, or abscond because of the lengthy prison sentence he could face if convicted.
Mwaala asked for the matter to be postponed to 29 October, saying investigations are still at an early stage.
She said the investigators still need to obtain six witness statements, a photo plan and three forensic reports.
Homela asked that Noa remain detained at Ondangwa Police Station’s holding cells to make it easier for his lawyer to consult with him.
Mwaala opposed the request, saying the place of detention is an administrative matter for the police and that legal consultations can take place at any detention facility.
Ya France ruled that the defence would have to bring a formal bail application because the state opposed bail.
The magistrate ordered that Noa remain in custody at Ondangwa.
The matter was postponed to 27 July for a formal bail application and 29 October pending further investigations.
The Ministry of Health and Social Services has launched its own administrative investigation into the matter.
“While the criminal investigation is underway, the ministry has also activated its internal administrative investigation and internal actions in accordance with the Public Service Act and applicable regulations,” says executive director of health and social services Penda Ithindi.
He says the ministry views the allegations seriously.
“Such allegations are deeply concerning and are fundamentally inconsistent with the ethical standards, professional conduct and values expected from all health professionals serving under the ministry,” Ithindi says.
The ministry yesterday condemned sexual violence.
This is not the first rape case involving Noa.
He was previously accused of raping a patient (18) at Katutura Intermediate Hospital in Windhoek over an incident that allegedly took place on 11 April 2021.
He was initially convicted, but appealed the ruling.
The Windhoek High Court then overturned the conviction and acquitted Noa. At the time, the court ruled that there was not enough forensic evidence to uphold the conviction.
Following this, Noa filed a complaint against regional magistrate Victor Nyazo with the Office of the Ombudsman, the Judicial Service Commission and the Magistrates Commission of Namibia.
