No proof Mac Hengari paid off rape accuser, granted bail

The state has not presented evidence showing that former minister of agriculture, fisheries, water and land reform Mac Hengari and a co-accused handed over money to a woman who registered a rape charge against Hengari with the police, a magistrate said yesterday.

Magistrate Monica Andjaba made the remark in the Windhoek Magistrate’s Court in a ruling in which she granted Hengari (59) and his co-accused (41) each bail in an amount of N$15 000.

Hengari, who was held in custody for more than three months following his arrest on 26 April, left the court smiling after hearing that he has been granted bail.

Andjaba ordered that after their release on bail, Hengari and the second accused, who is not being named because he is related to the rape charge complainant, should surrender their passports or other travel documents to the investigating officer dealing with their case and that they are prohibited from applying for new travel documents.

They may not have any direct or indirect contact with witnesses in their case, must report every Monday at Windhoek Central Police Station, and may not leave the Windhoek district without informing the investigating officer, the magistrate ordered as well.

Hengari and the second accused are charged with counts of defeating or obstructing the course of justice, corruptly giving gratification, and incitement to commit the offence of compounding, which is to unlawfully withdraw a criminal case after being paid to do so.

The state is alleging that Hengari and the second accused gave N$220 200 to the rape charge complainant during a meeting with her on 26 April, to induce her to withdraw the charge.

In her ruling, Andjaba recounted that according to Hengari the purpose of the meeting with the complainant was to assist her to withdraw the complaint she had registered against him.

Hengari denied that he handed N$220 000 to the complainant, and said he gave her only N$200 as transport money for her and someone else.

The second accused told the court he did not ask the complainant to accept money from Hengari and also did not ask her withdraw the charge she had registered against Hengari.

Andjaba said there is no doubt that Hengari and his co-accused are facing serious charges.

However, while the investigating officer told the court the state has a strong case against the two men, the officer was not present during the meeting between the two accused and the complainant on 26 April and during a meeting between them the previous day, Andjaba noted.

She also recorded that according to testimony heard during the bail proceedings, a bag containing money was found under the driver’s seat of Hengari’s vehicle when he was arrested.

“There is no evidence on record that payment was effected by applicants [Hengari and the second accused] to the complainant,” Andjaba said.

She added that the court was questioning the strength of the state’s case against the two accused at this stage.

There was no evidence before the court to show a risk exists that the two accused would flee if released, and fears that they would interfere with evidence in the case can be cured by bail conditions, Andjaba said as well.

Hengari and the second accused have to make a court appearance on Friday next week.

Defence lawyer Mekumbu Tjiteere represented Hengari during the bail hearing.

The second accused was represented by Nafimane Halweendo and Martin Vatilifa.

Public prosecutor Adrie Rickerts represented the state.

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