Tourist facing sodomy charge fights for bail

BAIL continues to elude Gunter Berndt, a 67-year-old German citizen who appeared in the Swakopmund Magistrate’s Court on Monday on charges of attempted sodomy, assault with the intention to do serious bodily harm and rape.

Berndt was arrested at Swakopmund on January 11, two days after he allegedly lured a 21-year-old man from the Mole to his house and tried to sodomise him. Berndt’s legal representative, Steven Kenny, applied for bail for the second time on Monday.Magistrate Gibson Imbili rejected the first bail application on January 13 because the State was awaiting documentation from the German Embassy and Interpol to ascertain whether Berndt had a criminal record elsewhere in the world.The defence was disappointed again on Monday when Magistrate Imbili indicated midway through the bail application that he was sick and medically unfit for work.Berndt will remain in custody until Imbili resumes duty tomorrow.Berndt, who lives in Hamburg, Germany, and his wife have visited Swakopmund regularly for the last 10 years.His mother used to live at Swakopmund before her death, and Berndt owns a house at the town.With the help of an interpreter, Berndt testified yesterday that he met the complainant for the first time in January 2005 at the Mole at Swakopmund when the young man asked him for food.Berndt, who speaks very little English and no Afrikaans, said he had told the man that he should work for money to buy himself food before he took the young man to his (Berndt’s) house and gave him lunch.Berndt said he had taken the complainant back to the Mole afterwards, where they parted ways.According to Berndt, he had seen the complainant at the Mole – where Berndt usually sits and reads during the day – a few times after their first encounter, and had given him some fruit when the young man complained of hunger.After being in Germany for the rest of the year he returned to Swakopmund in December 2005, Berndt testified.He told the court that he saw the complainant again on January 9 2006 at the Mole, when he again approached Berndt for food.Berndt said he took the man to his house again and gave him lunch.According to Berndt, the complainant asked whether he could wash himself because he hadn’t bathed in five days, to which Berndt agreed.Afterwards, the complainant asked Berndt for money to travel to Windhoek, Berndt testified.He said although he felt uneasy about the request since he had already fed the stranger and allowed him to use the bathroom, he offered the man N$75.When the complainant indicated that the money wouldn’t be enough to get him to Windhoek, Berndt gave him N$100.According to Berndt, the young man then asked him to drive him to Mondesa.Berndt said he refused and dropped the man off close to town at around 16h00.That evening, said Berndt, the complainant came to his house again and told him the money he had received from Berndt was stolen and he needed more.Berndt said he refused and closed the door.The complainant apparently rang the doorbell again and pretended to be crying when Berndt opened the door.Berndt still refused to give him money and again closed the door.The next day he didn’t see or hear from the complainant, said Berndt.He said when the Police arrived at his house on the morning of January 11 he couldn’t understand what they were saying to him.Only after an interpreter arrived, he learnt that he was accused of a crime.He denied the claims and said he never made any sexual advances or assaulted the complainant.Berndt testified that, while in custody in the Swakopmund Prison, he was approached by an inmate named Moses who told him that the charges against him would be dropped in exchange for N$5 500.Prosecutor Sitali Mayumbelo opposed the bail application on the grounds that the investigation had not been completed and that the accused might interfere with State witnesses or abscond.Berndt’s legal representative, Steven Kenny, applied for bail for the second time on Monday.Magistrate Gibson Imbili rejected the first bail application on January 13 because the State was awaiting documentation from the German Embassy and Interpol to ascertain whether Berndt had a criminal record elsewhere in the world.The defence was disappointed again on Monday when Magistrate Imbili indicated midway through the bail application that he was sick and medically unfit for work.Berndt will remain in custody until Imbili resumes duty tomorrow.Berndt, who lives in Hamburg, Germany, and his wife have visited Swakopmund regularly for the last 10 years.His mother used to live at Swakopmund before her death, and Berndt owns a house at the town.With the help of an interpreter, Berndt testified yesterday that he met the complainant for the first time in January 2005 at the Mole at Swakopmund when the young man asked him for food.Berndt, who speaks very little English and no Afrikaans, said he had told the man that he should work for money to buy himself food before he took the young man to his (Berndt’s) house and gave him lunch.Berndt said he had taken the complainant back to the Mole afterwards, where they parted ways.According to Berndt, he had seen the complainant at the Mole – where Berndt usually sits and reads during the day – a few times after their first encounter, and had given him some fruit when the young man complained of hunger.After being in Germany for the rest of the year he returned to Swakopmund in December 2005, Berndt testified.He told the court that he saw the complainant again on January 9 2006 at the Mole, when he again approached Berndt for food.Berndt said he took the man to his house again and gave him lunch.According to Berndt, the complainant asked whether he could wash himself because he hadn’t bathed in five days, to which Berndt agreed.Afterwards, the complainant asked Berndt for money to travel to Windhoek, Berndt testified.He said although he felt uneasy about the request since he had already fed the stranger and allowed him to use the bathroom, he offered the man N$75.When the complainant indicated that the money wouldn’t be enough to get him to Windhoek, Berndt gave him N$100.According to Berndt, the young man then asked him to drive him to Mondesa.Berndt said he refused and dropped the man off close to town at around 16h00.That evening, said Berndt, the complainant came to his house again and told him the money he had received from Berndt was stolen and he needed more.Berndt said he refused and closed the door.The complainant apparently rang the doorbell again and pretended to be crying when Berndt opened the door.Berndt still refused to give him money and again closed the door.The next day he didn’t see or hear from the complainant, said Berndt.He said when the Police arrived at his house on the morning of January 11 he couldn’t understand what they were saying to him.Only after an interpreter arrived, he learnt that he was accused of a crime.He denied the claims and said he never made any sexual advances or assaulted the complainant.Berndt testified that, while in custody in the Swakopmund Prison, he was approached by an inmate named Moses who told him that the charges against him would be dropped in exchange for N$5 500.Prosecutor Sitali Mayumbelo opposed the bail application on the grounds that the investigation had not been completed and that the accused might interfere with State witnesses or abscond.