24 Feb 2015 15:50pm
WINDHOEK, 23 FEB (NAMPA) A Road Authority (RA) engineer accused of raping a woman in the Kavango West Region in July 2011, was found guilty in the High Court here on Tuesday.
The 33-year-old Epafradictus Ndokotora Unengu was, however, acquitted of having raped another woman in the capital during November 2012.
Unengu was initially charged with two counts of rape and three counts of attempted murder when his trial kicked off before High Court Judge Christie Liebenberg here on 21 January this year.
Liebenberg found Unengu guilty only on a count of rape and a count of assault in connection with the raping incident of a woman on 09 July 2011 at the Makambu village in Kavango West Region.
Unengu was discharged on a count of rape and two counts of attempted murder in connection with the alleged raping of another woman in the capital's Northern Industrial area during November 2012.
He was discharged on the three above-mentioned counts due to various contradictory testimonies and other related statements which were provided by the victim herself and other State witnesses during trial.
The State proved its case beyond reasonable doubt that Epafradictus Ndokotora Unengu in fact had sexual intercourse with a woman at the Makambu village in Kavango West Region without her consent. The State was, however, not able to prove its case beyond reasonable doubt in the alleged rape incident of another woman that took place in Windhoek, said the judge.
Evidence in mitigation and aggravation of sentencing by both prosecution representative, State Advocate Dominic Lisulo, and Unengu's defence lawayer Sisa Namandje were scheduled to be presented before court on Tuesday afternoon.
Unengu has denied any involvement in the two incidents when his trial began, and was adamant that he had consensual sexual intercourse with both women.
His rape trial is being dealt with under the strict provisions of the recently-introduced Combating of Rape of 2000, which warrants long prison terms in case of conviction.
He has been free on bail of N.dollars 30 000, which was today withdrawn upon his conviction of rape.
Evidence presented by the prosecution during trial had it that Unengu allegedly committed the second alleged rape in Windhoek while he was out on N.dollars 10 000 bail in a rape case he was standing accused of in the Rundu Magistrate's Court.
The court also heard that Unengu had attempted to kill the victim in Rundu by strangling her and pouring sand into her mouth afterwards.