Berndt lawyer alleges ‘jungle justice’

THE long-awaited document from Interpol that concluded the investigation into claims of sodomy against Guenter Berndt made no difference yesterday to Magistrate Gibson Imbili’s decision to deny bail to the 67-year-old German citizen.

Berndt appeared in the Swakopmund Magistrate’s Court again yesterday after his legal counsel, Stephen Kenny, had obtained the document from Interpol which states that Berndt does not have a criminal record elsewhere in the world. Magistrate Imbili had ruled at four previous appearances that Berndt could not be granted bail until the investigation was completed.The investigating officer, Detective Sergeant Kandari Uushona, testified previously that it could take her weeks or even months to obtain the single outstanding document that would finalise the investigation.Kenny received the document from Interpol on Tuesday.”It has taken me 24 hours to get the report that you couldn’t get hold of in three weeks,” Kenny told Uushona yesterday.According to Kenny, the report had been available at Interpol’s offices in Windhoek since January 31.At Berndt’s appearance on January 26, Magistrate Imbili postponed the case for further investigation until February 10, or any date prior to that should the investigation be completed in the meantime.As soon as Kenny received the Interpol report, the case was urgently brought forward to be heard yesterday.”There is no reason for my client to stay in prison for another day,” said Kenny.However, Magistrate Imbili decided yesterday that he will only hear the bail application on Friday and that Berndt must remain in custody until then.He said he needed time to gather his thoughts before making a decision.”The case was remanded to Friday,” said the Magistrate.”I have other cases.I was not concentrating on this issue now.”Kenny asked the Magistrate to order Uushona to be at court promptly at 09h00 on Friday since she only arrived at court at 15h00 yesterday after being informed that the case had been brought forward.”You are confusing issues now,” Magistrate Imbili told Kenny.He then said to Uushona: “If it is possible for you, please be here at 09h00 on Friday.”The Magistrate will be on leave from Friday and will only be available until 13h00.”This is jungle justice,” proclaimed a frustrated Kenny.”This is utter nonsense.He [Magistrate Imbili] will never get his thoughts in order,” he said afterwards.Kenny notified the Magistrate that he is preparing an appeal procedure to the High Court.Berndt was arrested on January 11 on charges of attempted sodomy, assault with the intent to do grievous bodily harm and rape after the complainant, a 21-year-old man, claimed that Berndt had offered him money in return for sexual favours.Berndt denied the allegations.Magistrate Imbili had ruled at four previous appearances that Berndt could not be granted bail until the investigation was completed.The investigating officer, Detective Sergeant Kandari Uushona, testified previously that it could take her weeks or even months to obtain the single outstanding document that would finalise the investigation.Kenny received the document from Interpol on Tuesday.”It has taken me 24 hours to get the report that you couldn’t get hold of in three weeks,” Kenny told Uushona yesterday.According to Kenny, the report had been available at Interpol’s offices in Windhoek since January 31.At Berndt’s appearance on January 26, Magistrate Imbili postponed the case for further investigation until February 10, or any date prior to that should the investigation be completed in the meantime.As soon as Kenny received the Interpol report, the case was urgently brought forward to be heard yesterday.”There is no reason for my client to stay in prison for another day,” said Kenny.However, Magistrate Imbili decided yesterday that he will only hear the bail application on Friday and that Berndt must remain in custody until then.He said he needed time to gather his thoughts before making a decision.”The case was remanded to Friday,” said the Magistrate.”I have other cases.I was not concentrating on this issue now.”Kenny asked the Magistrate to order Uushona to be at court promptly at 09h00 on Friday since she only arrived at court at 15h00 yesterday after being informed that the case had been brought forward.”You are confusing issues now,” Magistrate Imbili told Kenny.He then said to Uushona: “If it is possible for you, please be here at 09h00 on Friday.”The Magistrate will be on leave from Friday and will only be available until 13h00.”This is jungle justice,” proclaimed a frustrated Kenny.”This is utter nonsense.He [Magistrate Imbili] will never get his thoughts in order,” he said afterwards.Kenny notified the Magistrate that he is preparing an appeal procedure to the High Court.Berndt was arrested on January 11 on charges of attempted sodomy, assault with the intent to do grievous bodily harm and rape after the complainant, a 21-year-old man, claimed that Berndt had offered him money in return for sexual favours.Berndt denied the allegations.