A Sixth attempt by former member of parliament Steve Biko Booys to be granted bail while facing charges of rape failed in the Windhoek Regional Court yesterday.
The supposed new facts on which Booys (47) relied for his latest application to be granted bail are either not new facts or have failed to displace the basis on which he was refused bail previously, magistrate Helvi Shikalepo said when she dismissed Booys’ sixth request to be released on bail.
Booys, a former regional councillor for the Okahandja constituency and ex-member of the National Council, has been held in custody since his arrest on charges of rape near the start of February 2021.
He is accused of raping a 20-year-old woman at his house at Okahandja on 16 and 17 January 2021.
Booys denied guilt on the charges he is facing when his trial began before magistrate Esme Molefe near the end of July 2023.
In a plea statement given to the court, Booys denied that he had intercourse with the complainant and said she is a single witness whose evidence must be handled with caution.
He also claimed the complainant “suffers from severe mental illness” and that her evidence is not reliable.
In her testimony during the trial, the complainant told the court Booys raped her on two successive evenings.
She said the incidents happened after she and Booys had drunk numerous bottles of beer and a bottle of vodka.
Booys’ claim that he has spent a protracted period of time in custody and that his trial has been delayed should be considered with the fact that he has changed his defence lawyers on more than one occasion during the trial and that he has applied for the presiding magistrate’s recusal from his case, Shikalepo remarked in her ruling.
Booys should appreciate the consequences of his attempt to get the magistrate to step down from his case and of the changes in his legal representation, and the time his trial has taken cannot be used as a basis for him to be granted bail, Shikalepo said.
On an allegation by Booys’ current defence lawyer, Tuna Nhinda, that the state’s case against Booys has been weakened by contradictions in the versions given by state witnesses during his trial, Shikalepo said he is charged with multiple serious charges and if convicted, a substantial period of imprisonment would probably be imposed.
“That fact alone would be sufficient to permit this court to form the opinion that it will not be in the interest of either the public or the administration of justice to release [Booys] on bail,” the magistrate added.
Booys has to appear in court again tomorrow, when dates for the continuation of his trial will be set.
Public prosecutor Emma Mayavero is representing the state.
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