S v Hausiku and Others (3) (CC 15 of 2011) [2011] NAHC 161 (8 June 2011)

S v Hausiku and Others (3) (CC 15 of 2011) [2011] NAHC 161 (8 June 2011)

There is evidence before the court, including the complainant's testimony and corroboration by other witnesses, upon which a reasonable court may convict; the shortcomings in the complainant's evidence do not render it so unreliable as to justify discharge at this stage; and the absence of medical corroboration is not necessarily fatal to the prosecution's case.

Citation
[2011] NAHC 161
Parties
Prosecution: The State; First Accused: Mpasi Johannes Hausiku; Second Accused: Haindere Johannes Ndoko; Third Accused: Hauta Konstantius; Fourth Accused: Frans Munango Mbamba; Fifth Accused: Andreas Karupu Nzaro
Court
High Court
Jurisdiction
Namibia
Judgment Date
8 June 2011
Case Number
CC 15 of 2011
Procedural Posture
Criminal / Application for Discharge at Close of State's Case Under Section 174 of the Criminal Procedure Act
Outcome
Application for discharge dismissed
Legal Topics
Rape, Gang Rape, Discharge Application, Credibility of Witnesses, Single Witness Evidence
Source Language
English
Criminal Law Rape Gang Rape Discharge Application Credibility of Witnesses Single Witness Evidence

Case Brief

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Parties

The State

Prosecution

Mpasi Johannes Hausiku

First Accused

Haindere Johannes Ndoko

Second Accused

Hauta Konstantius

Third Accused

Frans Munango Mbamba

Fourth Accused

Andreas Karupu Nzaro

Fifth Accused

Procedural Posture

Criminal / Application for Discharge at Close of State's Case Under Section 174 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused should be discharged under section 174 of the Criminal Procedure Act for lack of evidence upon which a reasonable court may convict
  2. 2 Whether the credibility of the complainant as a single witness is so poor as to justify discharge
  3. 3 Whether the absence of medical evidence corroborating rape is fatal to the prosecution's case

Ratio Decidendi

There is evidence before the court, including the complainant's testimony and corroboration by other witnesses, upon which a reasonable court may convict; the shortcomings in the complainant's evidence do not render it so unreliable as to justify discharge at this stage; and the absence of medical corroboration is not necessarily fatal to the prosecution's case.

Court Disposition

Application for discharge dismissed

Orders

  • The application of accused 1, 2, 4 and 5 for discharge in terms of section 174 is dismissed.