Former National Council member Steve Biko Booys, who is accused of sexually violating his biological daughter, has abandoned his bail appeal in the High Court.

State prosecutor Basson Lilungwe – in the absence of Booys and his new attorney Ileni Gebhardt – informed the court of the filed notice of appeal by Booys and his team.

“According to the communication that I had with Mr Gebhardt, they would be approaching the Otjiwarongo Magistrate’s Court for bail on new facts – and that is why they are abandoning the appeal,” explained Lilungwe.

Consequently, Judge Naomi Shivute struck the case from the court’s roll and deemed the case finalised.

Booys approached the High court seeking an order that would set aside magistrate Khaepriums Swartz’s ruling on 13 April. 

Swartz refused to grant Booys bail, citing a strong prima facie case, that it was not in the public interest nor administration of justice and there is likelihood of him interfering with investigations and State witnesses.

He claims the court failed to ensure the complainant’s statement was handed in as part of the record. 

Swartz allegedly allowed the bail hearing to continue on hearsay evidence led by the State, although prosecution was in possession vital documents such as medical reports of the complainant, the complainant’s statement and transcripts of messages allegedly between Booys and the victim. 

It is his argument, the court did not consider the fact that the only mode of communication between him and complainant was the alleged but unproven SMS texts. 

He added there is no evidence of him attempting to influence the complainant or any other witness. 

The court also failed to note there was no evidence on record to substantiate the allegations that he will interfere with ongoing investigations. 

Booys explained the court’s refusal to release him on bail not only affects his personal circumstances or his businesses, but it also affects other people’s wellbeing, as they depend on him and earn an income from his businesses.  

Booys, who is facing rape charges, is denying accusations that he sexually violated his daughter on two occasions in January.  

Booys has been in police custody since his arrest on 2 February. 

The State is alleging he raped the 20-year-old woman at his home at Okahandja between 16-17 January.

It is also alleged the complainant was raped while she was affected by sleep or intoxicating liquor or a substance that mentally incapacitated her. 

During the bail hearing, Booys told the court the complainant was at his house on the two days in question. 

He said there were drinks at his house, but denied he provided alcohol to the woman. 

Although Booys denied any contact with the victim, the State claimed it has evidence in the form of cell phone records and copies of messages that show Booys repeatedly contacted the complainant from 18 January to 2 February. 

The prosecutor further claims the cell phone messages exchanged between him and his alleged victim showed the contact between them was specifically about the allegations of rape made against him. - mamakali@nepc.com.na