By Kuvee Kangueehi Windhoek South African Judge Ronnie Bosielo is set to deliver judgment this morning in the case of former judge Pio Teek in the High Court. Teek faces multiple charges ranging from rape, attempted rape, kidnapping and supplying liquor to minors. The case is sequel to an incident where he allegedly picked up two young girls aged nine and 10 in the vicinity of the Single Quarters, Katutura on January 28, 2005. After listening to the closing arguments from both the prosecution team and the defence, Bosielo said he would study all the evidence presented in court since April when the trial started before giving judgement at 10 o’clock this morning. Sixteen witnesses gave evidence. In his closing arguments, Richard Metcalfe representing Teek called for his client’s discharge because there was not enough credible evidence to convict him. Metcalfe stated that through the evidence presented by the state, it emerged that the Namibian Police abused the Criminal Law Procedure act and clearly tried to implicate the former judge. Referring to evidence given by the head of investigations in the Teek case, Deputy Commissioner Marius Visser, Metcalfe said, “The investigation was so poorly done that critical information was left out, evidence tampered with, police officials were negligent and even fabricated statements to incriminate Teek.” Metcalfe further argued that forensic evidence turned out to be in favour of his client as no fingerprints or semen were discovered to incriminate Teek. “The two complainants who were the cornerstones of the state case simply lacked credibility and did not only lie to their parents but to the police and maybe to the court.” He said the evidence of the two complainants was not only different in sequence but was also conflicting and contradictory. On her part, Heidi Jacobs representing the state said she agreed that the testimony of the two complainants was not identical in sequence. She however argued that most elements in the testimony were similar and that Teek should not be discharged on all accounts. Jacobs said there was enough evidence to convict Teek on charges such as kidnapping, supplying liquor to minors and indecent assault. The state prosecutor also pleaded with the judge to be more sympathetic with evidence from the two young complainants as they are still minors and vulnerable. In his response, Bosielo stated that it is for the very same reason of vulnerability that the evidence should be treated with extra care. The South African judge said the minors are vulnerable to intimidation, manipulation and imagination. “The quality of the evidence was absolutely poor and the two complainants appeared to be serial liars who lied to everybody including their own parents and the police.” The judge further stated that the state failed to provide independent evidence to support its case, such as blood analysis, fingerprints and the entire forensic investigation was poorly done. “There was simply no independent evidence to support the serious allegations despite the fact that the police had the opportunity to collect it.” Bosielo further stated that the medical report was tampered with and to him it was very suspicious. “Visser bravely admitted that the police wanted to suppress the truth and the investigation was poor.” Bosielo, who was brought in from South Africa to preside over the case, said the matter is not an easy one and he will need to acquaint himself with Namibian court decisions before delivering judgment.
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