’Abused’ Wife Pays Lawyer to Plead for Hubby’s Release

THE Gobabis Magistrate’s Court on Thursday dismissed a complainant’s version of why her husband, whom she had reported for domestic abuse, should be denied bail, after it found that the complainant had “turned the court into her personal playground”.

Among the grounds for granting bail as stated by Magistrate Victor Nyazo, was the shocking revelation that the complainant, Alvinia Gawanas, had in fact paid for an attorney to plead in her husband’s case for bail.

Gawanas on 26 March 2014 lodged a case of domestic abuse against her husband of three years.

On the day she opened the case, she alleged that her husband had assaulted her with an iron bar on her arm, and she sustained bruises.

The State argued that granting bail to the suspect, Josephat-Ben Gawanab, will endanger Gawanas’ life.

The prosecution based its argument on Gawanas’ assertion that the suspect had allegedly ‘promised’ to hurt her when he is released.

Gawanas, however, proved to be a weak and unreliable witness in her own case, as she gave the court two completely different versions of events which led to her opening a domestic abuse case.

This appeared to have opened the floodgates for the defence, who capitalised on such weakness by urging the court to declare the evidence as inadmissible and to declare her an unreliable witness.

“What she is claiming is that the accused person threatened and intimidated her from the police cells, while he has no contact with the outside world from there,” defence attorney Wouter Maske said.

The prosecution attempted to save face by arguing that the complainant needs the State to protect her against her husband, as she has proven incapable of protecting herself.

Magistrate Nyazo, however, dismissed the State’s assertions, noting that “it was clear from the start that the State was fighting a losing battle… ”

Nyazo ruled that the complainant was of questionable character.

The accused was granted bail of N$500, and was ordered to return to court on 25 August 2014, for the continuation of his case.

Source : The Namibian

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