German citizen denied bail again

GERMAN national Guenther Berndt’s hope to be granted bail was shattered again on Friday when his application to the Swakopmund Magistrate’s Court was denied once more.

For the fourth time since Berndt’s arrest 31 days ago, Magistrate Gibson Imbili ruled that the 67-year-old resident of Hamburg, Germany, was to remain in custody since the Police investigation into a claim of attempted sodomy against him is incomplete. At Berndt’s previous appearance on January 26, the investigating officer, Detective Sergeant Kandari Uushona, testified that two documents were still outstanding.The first, a statement from the complainant’s friend, has been obtained since then, but a document from Interpol to state whether Berndt has a criminal record elsewhere in the world, is still awaited.Uushona could once more not give an indication of how long it would take to obtain this form and, when asked for reasons why bail should not be granted, repeated motivations that were dismissed by Magistrate Imbili during the previous hearing.Berndt’s legal counsel, Stephen Kenny, reminded Uushona that her argument that Berndt might abscond because he is a foreigner had been rejected by the Magistrate before.Kenny cited case laws which state that an incomplete investigation is not reasonable grounds for an accused to be held in custody.Magistrate Imbili said “it would not be fair” to grant bail to Berndt since there are many others in jail whose bail was also denied.He said although the law does not discriminate against foreigners, the possibility exists that the accused might abscond.Upon hearing this, Kenny flew into a rage, reminding the Magistrate that he had dismissed that argument previously.Kenny demanded that a deadline for obtaining the Interpol document must be set.After an extended break during which such a deadline was to be established, the court resumed only for Berndt to hear that his next appearance would be on March 22.Berndt was arrested on January 11 on charges of attempted sodomy, assault to do grievous bodily harm and rape after a 21-year-old man alleged that he was taken to Berndt’s house and offered money in return for sexual favours.Berndt has denied the allegations.At Berndt’s previous appearance on January 26, the investigating officer, Detective Sergeant Kandari Uushona, testified that two documents were still outstanding.The first, a statement from the complainant’s friend, has been obtained since then, but a document from Interpol to state whether Berndt has a criminal record elsewhere in the world, is still awaited.Uushona could once more not give an indication of how long it would take to obtain this form and, when asked for reasons why bail should not be granted, repeated motivations that were dismissed by Magistrate Imbili during the previous hearing.Berndt’s legal counsel, Stephen Kenny, reminded Uushona that her argument that Berndt might abscond because he is a foreigner had been rejected by the Magistrate before.Kenny cited case laws which state that an incomplete investigation is not reasonable grounds for an accused to be held in custody.Magistrate Imbili said “it would not be fair” to grant bail to Berndt since there are many others in jail whose bail was also denied.He said although the law does not discriminate against foreigners, the possibility exists that the accused might abscond.Upon hearing this, Kenny flew into a rage, reminding the Magistrate that he had dismissed that argument previously.Kenny demanded that a deadline for obtaining the Interpol document must be set.After an extended break during which such a deadline was to be established, the court resumed only for Berndt to hear that his next appearance would be on March 22.Berndt was arrested on January 11 on charges of attempted sodomy, assault to do grievous bodily harm and rape after a 21-year-old man alleged that he was taken to Berndt’s house and offered money in return for sexual favours.Berndt has denied the allegations.