Lawyer quits rape trial

THE trial of an Okahandja resident accused of raping an 80-year-old woman in her home failed to start as scheduled in the Windhoek Regional Court yesterday, after the suspect’s lawyer withdrew from the case.

The prosecution’s first witnesses in the trial of Verikaye Kapuire (29), including the elderly and frail woman he is accused of raping, were at court, ready to testify, when the withdrawal of defence lawyer Titus Mbaeva threw the scheduled start of Kapuire’s trial off track. Kapuire is accused of raping the woman in her Okahandja house on May 18.It is alleged that the woman asked Kapuire to help her get rid of a snake she had spotted in a tree near her house.She allegedly went into her house to fetch some meat she wanted to give to him to thank him, when he followed her inside, attacked her and raped her.During an unsuccessful bail application in the Okahandja Magistrate’s Court in June, Kapuire claimed he and the complainant – who is more than 51 years his senior – had sexual intercourse with her consent.He claimed she had called him a baboon, that he then tied her up and told her he was going to lay a charge over the comment, and that she then offered to have intercourse with him.During the incident the complainant suffered bruises all over her body, including her neck, and sustained open wounds to her wrists from being tied up, a Police officer told the court during the bail application.Kapuire told the court that he would plead not guilty at his trial.Mbaeva at first told Magistrate Dinnah Usiku yesterday that he had been consulting with Kapuire to take proper instructions, but that he was “not quite comfortable” with the instructions received.He asked for a postponement for about two weeks so he could have further consultations.Magistrate Usiku said the trial had to proceed.She said the complainant was a vulnerable person because of her advanced age, and the case had been fitted into the court’s schedule for that reason.After she had given Mbaeva about three more hours to consult his client, Mbaeva returned to court to inform the Magistrate that he was withdrawing.The case has now been set down for November 22.Kapuire remains in custody.Kapuire is accused of raping the woman in her Okahandja house on May 18.It is alleged that the woman asked Kapuire to help her get rid of a snake she had spotted in a tree near her house.She allegedly went into her house to fetch some meat she wanted to give to him to thank him, when he followed her inside, attacked her and raped her.During an unsuccessful bail application in the Okahandja Magistrate’s Court in June, Kapuire claimed he and the complainant – who is more than 51 years his senior – had sexual intercourse with her consent.He claimed she had called him a baboon, that he then tied her up and told her he was going to lay a charge over the comment, and that she then offered to have intercourse with him.During the incident the complainant suffered bruises all over her body, including her neck, and sustained open wounds to her wrists from being tied up, a Police officer told the court during the bail application.Kapuire told the court that he would plead not guilty at his trial.Mbaeva at first told Magistrate Dinnah Usiku yesterday that he had been consulting with Kapuire to take proper instructions, but that he was “not quite comfortable” with the instructions received.He asked for a postponement for about two weeks so he could have further consultations.Magistrate Usiku said the trial had to proceed.She said the complainant was a vulnerable person because of her advanced age, and the case had been fitted into the court’s schedule for that reason.After she had given Mbaeva about three more hours to consult his client, Mbaeva returned to court to inform the Magistrate that he was withdrawing.The case has now been set down for November 22.Kapuire remains in custody.