Iuze Mukube
An Ondangwa resident sentenced to 13 years imprisonment for raping a minor is appealing his conviction and sentence in the High Court.
The accused, Onesmus Shapopi Hamunyela, was arraigned at the start of his trial on the charges of kidnapping, rape, and reckless or negligent driving in the Ondangwa Regional Court.
In June 2022, he was discharged on the count of reckless and negligent driving and afterwards acquitted on the charge of kidnapping.
He was convicted on the rape charge on 30 June 2022 and then sentenced to a period of 13 years, of which three years were suspended, on 4 August 2022.
The allegations were that the accused, during the period of February 2018, deprived the complainant of her movement and committed an unlawful sexual act with her. Hamunyela is now appealing both the conviction and the sentence.
In court documents, the appellant submits that the lower court erred in finding that the State had proved its case beyond a reasonable doubt.
He argued that he was convicted despite shortcomings in the State’s case and evidence. He denied raping the complainant, whom he says he dropped off at her school’s sports field at the time while on duty as a taxi driver. He reasoned that he ran away from police officers at the time while under the impression they were looking for him, as he had no driver’s licence and had traffic tickets in Walvis Bay. Hamunyela also submitted that the lower court erred in rejecting his version over that of the complainant, whose version was riddled with inconsistency throughout her evidence.
He added that the testimony of the complainant further contradicted the medical evidence, especially where there was no medical evidence adduced that she was raped or sexually assaulted.
Additionally, State witnesses contradicted each other with the complainant on the colour of the vehicle he was driving at the time.
He stated that the court should not have believed the complainant’s version or considered her a credible witness due to her being a sole witness.
Hamunyela also submitted that there was no direct witness to the alleged rape, as the complainant testified it was only the two of them at the time.
He added that the complainant’s evidence never mentioned when they allegedly arrived at the scene where the rape took place, he went out of the car and went to the boot.
The complainant also allegedly never mentioned the presence of two people standing near the scene, which she had mentioned in her police statement.
Additionally, if the appellant had the intention to rape the complainant, he would have instructed her to remove both her trousers and panty, while the complainant said he only instructed her to remove the trousers.
When he indicated for her to lie down or that he came to the passenger seat, it was not reflected in the complainant’s police statement.
He added that there were other inconsistencies in the complainant’s evidence, including the colour of the vehicle, who opened the door for her when dropped off, and the broken car handle.
As a result, he submitted that the complainant’s evidence failed to prove the existence of any coercive circumstance of threats against her, nor that she was unlawfully assaulted.
It was stated that the accused allegedly raped the complainant and nonetheless requested the N$10 fare upon dropping her off. “We submit that this version is not reasonably true, as someone who would have just committed the crime of rape against the complainant would’ve no interest in the outstanding taxi fare nor in the complainant to remain in his presence or have contact with him, nor to drop her off at school and run the risk of getting seen and caught.”
He submitted that the State failed to prove its case beyond a reasonable doubt and failed to place him at the crime scene and the medical evidence did not link Hamunyela to the complainant.
Hamunyela submitted also that the sentence of 13 years induces a sense of shock and is inappropriate when taken into consideration of his personal circumstances.
His personal circumstances included being 25 at the time of the offence, being a father of five minor children, and his home being broken into.
Additionally, the court allegedly failed to consider his time spent in custody of five years awaiting trial, and to indicate if there were any circumstances to warrant the sentence of 13 years given.
He submitted that the appeal should be upheld and the conviction and sentence be set aside. The matter was heard before Acting Judge Marlene Antoinette Tommasi and Judge Johanna Salionga at Oshakati High Court. The matter was postponed last Friday to 04 December 2026 for delivery of judgement. -imukube@nepc.com.na
The post Rape convict appeals conviction appeared first on New Era.