Rapist appeals ‘exaggerated’ sentence
A man who was sentenced to 20 years in prison on two charges of rape and six months for attempted murder is appealing his conviction and sentence in the Windhoek High Court.
Alfred Greenwood has argued that the magistrate exaggerated the seriousness of his offence.
Sentenced in July 2023, he argued that Magistrate Gaynor Poulton failed to consider the fact that a medical examination of the victim showed no evidence of sexual assault.
He further argued that the victim could not remember the exact dates when the rapes took place.
According to The Namibian, Greenwood was found guilty of sexually assaulting a 26-year-old female security guard at a Swakopmund security company, where he served as her supervisor. The rapes took place in November 2019.
Audio recording
In his appeal, Greenwood claimed that the magistrate ignored the fact that the investigating officer lost an audio recording made by the victim during the sexual assault, forcing her to rely on hearsay.
The recording, presumably from the second rape incident in November 2019, was heard by three witnesses who gave different accounts.
The victim told the court that she deliberately sent the recording to a male state witness, but he testified that he accidentally found it among music she sent him. He further stated that he heard screaming and sounds of sexual acts.
However, the second state witness said that when she listened to the recording, she did not hear anyone screaming, only sighs of sexual pleasure, and the only voice she could remember was that of the victim. She heard no sounds of physical violence or coercion.
The third state witness, the investigating officer, said what she heard could not be described as rape, but rather as sexual intercourse.
“All I heard was ‘yes boss’, ‘yes boss’,” she said.
Greenwood claimed that the victim, who was engaged at the time, was caught having sex with another man on the job, which is a fireable offence.
"She had to save her job and go through with her wedding," court documents state.
He also claimed that the victim accidentally leaked the audio to the first state witness, who circulated the recording.
Contradicting testimony
According to Greenwood, Poulton did not consider how each witness' testimony contradicted the other's testimony. This made it difficult for her to decide whether the alleged crimes had been proven beyond a reasonable doubt, he said.
“Additionally, the magistrate failed to attach sufficient importance to the fact that neither the victim nor the state witnesses could clearly remember what happened during the alleged rapes. They couldn't even recall the dates of the incidents.”
He further argued that his status as a first-time offender, primary caregiver for six minor children and his management position at his previous workplace should have been taken into consideration during his sentencing. These factors indicate that he was a productive member of society, he claimed.
– [email protected]
Alfred Greenwood has argued that the magistrate exaggerated the seriousness of his offence.
Sentenced in July 2023, he argued that Magistrate Gaynor Poulton failed to consider the fact that a medical examination of the victim showed no evidence of sexual assault.
He further argued that the victim could not remember the exact dates when the rapes took place.
According to The Namibian, Greenwood was found guilty of sexually assaulting a 26-year-old female security guard at a Swakopmund security company, where he served as her supervisor. The rapes took place in November 2019.
Audio recording
In his appeal, Greenwood claimed that the magistrate ignored the fact that the investigating officer lost an audio recording made by the victim during the sexual assault, forcing her to rely on hearsay.
The recording, presumably from the second rape incident in November 2019, was heard by three witnesses who gave different accounts.
The victim told the court that she deliberately sent the recording to a male state witness, but he testified that he accidentally found it among music she sent him. He further stated that he heard screaming and sounds of sexual acts.
However, the second state witness said that when she listened to the recording, she did not hear anyone screaming, only sighs of sexual pleasure, and the only voice she could remember was that of the victim. She heard no sounds of physical violence or coercion.
The third state witness, the investigating officer, said what she heard could not be described as rape, but rather as sexual intercourse.
“All I heard was ‘yes boss’, ‘yes boss’,” she said.
Greenwood claimed that the victim, who was engaged at the time, was caught having sex with another man on the job, which is a fireable offence.
"She had to save her job and go through with her wedding," court documents state.
He also claimed that the victim accidentally leaked the audio to the first state witness, who circulated the recording.
Contradicting testimony
According to Greenwood, Poulton did not consider how each witness' testimony contradicted the other's testimony. This made it difficult for her to decide whether the alleged crimes had been proven beyond a reasonable doubt, he said.
“Additionally, the magistrate failed to attach sufficient importance to the fact that neither the victim nor the state witnesses could clearly remember what happened during the alleged rapes. They couldn't even recall the dates of the incidents.”
He further argued that his status as a first-time offender, primary caregiver for six minor children and his management position at his previous workplace should have been taken into consideration during his sentencing. These factors indicate that he was a productive member of society, he claimed.
– [email protected]
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