Prosecutor general Martha Imalwa is yet to consider the petition of British farmer and businessman Harvey Boulter over the charges he is facing.
Yesterday, Boulter’s lawyer Sisa Namandje said they are still waiting for an outcome from the prosecutor general’s office over the petition that they launched in July.
“The prosecutor general has indicated that she has not yet concluded the determination of our request,” the legal eagle said.
In July, Namandje informed High Court Judge Christie Liebenberg that they have appealed to Imalwa for her to reconsider her April decision to arraign the Briton on charges of murder, possession of a firearm and ammunition without a licence, and handling a firearm while under the influence of intoxicating liquor.
The charges are in relation to the shooting that resulted in the death of his farm managerm Gerhard van Wyk.
Van Wyk was shot at Boulter’s sprawling property in the Kamanjab area in February last year.
During court proceedings yesterday, Liebenberg was also informed that the State is waiting on DNA analysis from the forensic institute.
The court then postponed the matter to 17 November to await the PG’s decision on the petition. The court extended Boulter’s N$50 000 bail.
The prosecution is alleging that the businessman shot and killed Van Wyk on 27 April 2021. He was shot in the abdomen, and died on his way to hospital.
It is alleged that the incident occurred after an altercation during a braai held at the farm. According to witnesses who testified during the bail hearing, Boulter had been the initial aggressor.
The accused allegedly assaulted Van Wyk’s son after he objected to a remark he had made about his wife, and that Van Wyk then came to his son’s assistance before the shooting happened.
However, during the scuffle between Boulter and Van Wyk, a shot went off.
The bullet that injured Van Wyk also struck Boulter in his left hand.
Boulter has since denied guilt, citing that at the time of the incident, he felt like he was under attack from Van Wyk and his son. He claims the shot went off after Van Wyk grabbed the pistol he was holding against his chest.
– mamakali@nepc.com.na