The prosecutor general has decided to arraign medical intern, Dennis Noa with a count of attempted murder, in addition to the rape charge he is already facing.
The decision dated 16 May, indicates that Noa (26) has a case to answer to on the count of rape and attempted murder. Furthermore, he will stand his trial in the regional court and would make his first appearance there on 27 May.
Court documents do not state where the charge of attempted murder stems from. However, asked for clarity on the matter, court control prosecutor, Pieter Smit said a detailed summary will be available when Noa appears in court.
Noa was arrested on 12 April last year, after an 18-year-old patient was allegedly sexually violated at Katutura Intermediate Hospital on 11 April 2021. He is currently on bail.
Noa has since denied the allegations levelled against him by the State. In his defence, he has taken an oath not to harm any of his patients.
During his bail application, he testified the allegations against him are defamatory and malicious.
He informed the court that on the date in question, while on duty, there was an unresponsive
patient due to a head injury he had sustained in a car
accident. He tried to locate a hospital porter but failed.
But the investigating officer dealing with his case, Esther Kawiwa, testified they could not identify nor locate a person matching the description of the hospital porter as indicated by Noa. Kawiwa further testified that according to some of the laboratory results obtained at the time, no semen was found.
She informed the court that despite the results being negative for semen, it does not exonerate Noa.
She testified that the absence of semen does not necessarily mean that rape did not occur. It was her testimony that the Rape Act defines that rape does not only occur by means of insertion of a penis but other objects as well.
Kawiwa said according to the information at hand, on Sunday 11 April, Noa was seen by two witnesses, wheeling the victim from the head injury ward to the conference room, and locking the door behind them. Noa was allegedly questioned by a witness as to where he was taking the patient, to which he answered he was taking him for physiotherapy, which is situated on the ground floor of the building.
However, the physiotherapy unit is not operational during weekends. Thus, there was no need for Noa to take the victim for therapy. -mamakali@nepc.com.na