23 Feb 2015 13:30pm
WINDHOEK, 23 FEB (NAMPA) - A planned appeal application by the State against the acquittal of former judge Pio Marapi Teek on various serious charges including rape and child molestation, was removed from the Windhoek High Court roll on Monday.
Judge Ronnie Bosielo from neighbouring South Africa acquitted Teek in 2006 on two counts of rape, two counts of abduction, one count of kidnapping, two counts of committing or attempting to commit an immoral or indecent act with a child under the age of 16, as well as another two counts of supplying liquor to a person under the age of 18.
However, his acquittal was later overturned in another judgement handed down by the Supreme Court in April 2009, allowing the State a chance to appeal against the former judge's acquittal.
Today, this planned appeal application was removed from the roll as per order given by High Court judge Nate Ndauendapo because Teek was not officially notified of the case.
Another reason for the removal was that Acting High Court judge Maphios Cheda, who is assigned to preside over the matter, was not present in court today because of other official commitments.
The matter might again be placed on the roll once Teek receives official notification.
Teek's privately-instructed defence team were also not present in court today.
State Advocate Innocentia Nyoni appeared for the prosecution today.
In the matter, judge Bosielo acquitted the former judge after his defence team applied for a dismissal of the charges without having put him on his own defence.
According to earlier reports carried by the daily 'Namibian Sun' newspaper, the acquittal took place after the State had closed its case at the time.
In his judgement in 2006, Bosielo discharged Teek after he had found that the testimony by the two purported victims were of such poor quality that no reasonable court could find them reliable and credible.
According to evidence placed during trial, Teek was alleged to have picked up the two girls, then aged 10 and nine, with his Mercedes-Benz at the Single Quarters' establishment in Katutura on the evening of 28 January 2005.
He then allegedly drove with the two girls to his smallholding in the Brakwater area on the northern outskirts of Windhoek.
It has been alleged that Teek sexually molested the then 10-year-old girl on the way to his smallholding, and when they were at his house.
He was also accused of having given the two girls alcoholic drinks at his home, and allegedly shown them a pornographic video.
The former massively experienced judicial official had denied all charges laid against him by the State.
He had told the court that he picked up the two children because they were looking dirty and hungry, and that he took them to his house to give them some food.
Teek told the court then that he fell asleep while at his house, and was only able to return the two girls to Katutura the next morning.