‘Male rape’ suspect gets bail

A GERMAN national who has been kept in Police custody at Swakopmund for more than two and a half months on charges that he tried to rape a 21-year-old man was granted bail of N$12 000 by the High Court yesterday.

Swakopmund Magistrate Gibson Imbili was plainly wrong when he refused to grant Gunther Berndt (68) bail on February 17, State advocate Trudie de Villiers conceded – and Acting High Court Judge Simpson Mtambanengwe agreed – when Berndt’s appeal against that ruling was heard in the High Court. The appeal was disposed of within an hour, with De Villiers and Berndt’s legal counsel, Louis Botes, agreeing that Berndt could be granted bail of N$12 000 with conditions attached.Berndt was arrested at Swakopmund, where he has owned a house since 1990, on January 11 on charges of attempted sodomy, rape and assault with intent to do grievous bodily harm.The Police reported at the time that he was accused of trying to rape a 21-year-old man at his house in the town’s Kramersdorf area.On January 23, Berndt applied for bail before Magistrate Imbili in the Swakopmund Magistrate’s Court.After Berndt had testified – he denied any suggestions that any sexual contact had taken place between him and the complainant – and the Police officer investigating the case had also given evidence, the Magistrate remarked that he would not have had any problem in granting bail, but that he could not do so at that stage because the Police investigation was not yet complete.The only outstanding issue in the investigation was said to be a report from Interpol, which had to establish whether Berndt had a record for any previous convictions of a sexual nature anywhere else.By February 17, that report, which gave Berndt a clean slate, was available, but then the Magistrate changed his tune, and dismissed another request for bail with a brief remark that did not think it would be in the public interest to grant Berndt bail.There was, however, no credible evidence on record which would have enabled the Magistrate to come to such a conclusion, Botes stated in written arguments filed with the High Court in preparation for yesterday’s bail appeal hearing.The Magistrate’s “purported finding” was “patently wrong”, Botes stated.In court yesterday, De Villiers conceded that Magistrate Imbili had been mistaken.She also conceded that there was nothing on the record of the bail application proceedings to give an indication of the strength of the case against Berndt.The strength of a case against an accused person is an aspect that a Magistrate should also consider in a bail application, she said.De Villiers played open cards with the court.In her opinion, she remarked, the State’s case against Berndt was not very strong.Berndt has to appear in court at Swakopmund again on April 6.The appeal was disposed of within an hour, with De Villiers and Berndt’s legal counsel, Louis Botes, agreeing that Berndt could be granted bail of N$12 000 with conditions attached.Berndt was arrested at Swakopmund, where he has owned a house since 1990, on January 11 on charges of attempted sodomy, rape and assault with intent to do grievous bodily harm.The Police reported at the time that he was accused of trying to rape a 21-year-old man at his house in the town’s Kramersdorf area.On January 23, Berndt applied for bail before Magistrate Imbili in the Swakopmund Magistrate’s Court.After Berndt had testified – he denied any suggestions that any sexual contact had taken place between him and the complainant – and the Police officer investigating the case had also given evidence, the Magistrate remarked that he would not have had any problem in granting bail, but that he could not do so at that stage because the Police investigation was not yet complete.The only outstanding issue in the investigation was said to be a report from Interpol, which had to establish whether Berndt had a record for any previous convictions of a sexual nature anywhere else.By February 17, that report, which gave Berndt a clean slate, was available, but then the Magistrate changed his tune, and dismissed another request for bail with a brief remark that did not think it would be in the public interest to grant Berndt bail.There was, however, no credible evidence on record which would have enabled the Magistrate to come to such a conclusion, Botes stated in written arguments filed with the High Court in preparation for yesterday’s bail appeal hearing.The Magistrate’s “purported finding” was “patently wrong”, Botes stated.In court yesterday, De Villiers conceded that Magistrate Imbili had been mistaken.She also conceded that there was nothing on the record of the bail application proceedings to give an indication of the strength of the case against Berndt.The strength of a case against an accused person is an aspect that a Magistrate should also consider in a bail application, she said.De Villiers played open cards with the court.In her opinion, she remarked, the State’s case against Berndt was not very strong.Berndt has to appear in court at Swakopmund again on April 6.