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Victim-Turned Suspect Gets Bail

By: Eba Kandovazu and Natangwe Kauluma

The Oshakati Magistrate’s Court has freed a male medical doctor and a male teacher accused of sexually harassing a 23-year-old male student.

The doctor, Franky Cloete and Brian Kavungo, a teacher, are charged with indecent assault.

Allegations are that, on Sunday morning at flats behind Ongwediva police station, the two, the victim and a 27-year-old female doctor had a party at the flat.

After they finished, it is further alleged that they started provoking the victim by touching him inappropriately, telling him that they ‘love’ him and wanted to have sex with him.

Nampol spokesperson Inspector Thomas Aiyambo said that the two suspects also tried to remove the victim’s pants and were touching his private parts and managed to kiss him.

“He then tried to wake up the lady sleeping on the sofa to come and rescue him. He later managed to get a remote for the gate, and that is where he got to exit to go and report the incident to the police,” Aiyambo said.

According to him, Cloete resides in Windhoek while Kavungo resides in Oshakati East. Initially, state prosecutor Shuudeni Pallhus requested a N$ 2000 bail each, but Magistrate Jozanne Klazen granted them each bail of N$1 500.

The court said that the two suspects were granted bail because they were productive members of society. Shuudeni remarked that they were lucky to have gotten away with a charge of indecent assault when it could have been attempted rape.

This, he says, is because the victim was undressed, and the suspects were ready to rape him.

He also indicated that the victim did not have an objection to the granting of bail and that he wanted them to know why they did what they did to him.

In another twist, the victim in the main matter was also arrested and subsequently granted bail of N$1 000. He is accused of sexually inappropriately touching a female doctor who was also in their company.

The incident also happened on Sunday at the same flats behind Ongwediva police station.

“According to the lady who was sleeping on the sofa, the suspect came to her and touched her on her private parts. He called her doctor. I want to sleep with you. He continued to grab her waist, pulled the blanket that she was having, and told her again that he wanted to have sex with her. He forced her to come down to the mat on the floor because the sofa would make noise. She reported the incident to the other suspects in the main matter,” Aiyambo explained.

The magistrate, in granting bail, said that he was a student. The suspect initially wanted bail to be reduced, citing his parents’ unemployment status.

According to him, he could only afford N$400 bail and would seek assistance from his sisters and cousins.

The suspects in the main incident indicate that they would be pleading not guilty when the trial commences.

The victim, who is now also an accused, also said he would be pleading not guilty at trial.

They all opted to represent themselves.

Pallhus has indicated that the matter is postponed to 27 July 2022 for further police investigations. That, according to magistrate Klazen, is the final remand.

The bail conditions are that none of the suspects directly or indirectly contact the victims. The female doctor also did not object to the granting of bail for the victim-turned-suspect.

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