Court provisionally withdraws rape and incest charges

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New Era Newspaper Namibia
Official Logo for New Era Newspaper 2016 version

Windhoek

The failure of the office of the prosecutor general to provide the court with a prosecutorial decision yesterday saw a furious magistrate Justine Asino striking from the roll the charges of rape, incest, sodomy and inducement of abortion against Andre Majiedt.

Asino was informed yesterday during Majiedt’s court hearing that the prosecutor general (PG) had not yet decided in which court and on what charges Majiedt was to appear. Public prosecutor Tatelo Lusepani who appeared on behalf of the State wanted the matter to be postponed.

However, Asino would have none of it, pointing out that yesterday’s court appearance was set on orders that there should be no further postponement for the State to get its act together.

Asino said that it was “highly unacceptable that the PG’s decision is still not available despite the State’s assurance that the investigations are finished and only the PG’s decision is awaited”.

The magistrate also pointed out that it was not the first time the matter was postponed to wait for the PG’s decision and that almost all the requests for postponement came from the State. As far as the magistrate was concerned another application for a postponement would not be entertained because the State was not taking the matter as seriously as it alleged. Asino therefore struck the matter from the roll.

Asino informed Majiedt that the charges were provisionally withdrawn, but if the State got its house in order he could be re-subpoenaed to appear in court.

She also ordered that Majiedt be refunded his bail money of N$25 000. Majiedt is however in custody on different charges.
Majiedt faced five counts of rape, one count of incest and one for unlawfully procuring an abortion. The State alleged that Majiedt repeatedly raped his biological daughter, impregnated her and then forced her to have abortion.

The abortion allegedly took place when the victim accompanied Majiedt during one of his various trips to Angola between 2010 and 2011. The alleged rapes were also perpetrated while the victim accompanied Majiedt on his trips and once during a family holiday in Swakopmund.

After his arrest Majiedt undertook a lengthy bail aopplication which eventually saw him being released on bail in July 2014. It was during that bail application that it was alleged in court that Majiedt made his daighter his wife. Majiedt himself during cross-examination questioned whether the victim was his biological child.

Majiedt was represented by Afrika Jantjies standing in for James Diedericks.

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