By Nuusita Ashipala
OSHAKATI – Outapi-based businessman Maurus Valombola is set to remain behind bars pending the finalisation of his murder case, which is now set to be heard in the Oshakati High Court between May 18 and June 29 this year.
On Friday, the Oshakati High Court Judge Herman Januarie informed Valombola that he could not preside over his bail application, even though it is on the court roll, because Januarie is also the judge to preside over the trial. As such he cannot preside over both the trial and the bail hearing.
The bail hearing was to be transferred to another court for another judge to hear. “The matter is allocated to me for trial, if I am to attend to the trial I cannot attend to the bail hearing,” Januarie told Valombola and his lawyer Pieter Greyling of Jan Greyling and Associates.
Valombola is charged with the murder of Bernhard Kalimbo, 32, at Okaku kaNyaluwili in the Anamulenge Constituency.
Kalimbo, a resident of Epuku Noyana village, died of injuries in the Oshakati State Hospital on February 7, a day after the attack. Valombola presented himself at the police station at Ogongo on February 8 after learning that the police were looking for him. He has been in custody since his arrest on February 8 2013.
The judge said it is in the best interest of Valombola for the bail hearing to be presided over by another judge to avoid prejudicing the trial.
In the meantime, Valombola’s bail hearing was removed from the court roll and no further date was set for his application to be heard.
Advocate Lucious Matota argued that the matter be removed from the court roll pending a new date for the bail application hearing. He further argued that the court would only be able to provide a date once it is in possession of typed scripts of why the accused was initially denied bail in the Outapi Magistrate’s Court when he first launched his bail application.
In October last year, Valombola’s bail appeal was dismissed by Judge Naomi Shivute. Valombola appealed against the magistrate’s refusal to grant him bail in the Outapi court.
Valombola was denied bail on the grounds that it was against the public’s interest and that he would interfere with investigations. He was also denied bail for fear that he would commit similar offences and compromise his own safety.