WINDHOEK – Judge Christi Liebenberg yesterday refused bail to Stockley Kauejao who faces charges of murder, stock theft and defeating the course of justice.
“Applicant not having presented this court with new evidence, finds himself in the same position as before. Court satisfied that there is a real likelihood that applicant will interfere with the witnesses and evidence and dismissed the application,” stated Judge Liebenberg yesterday.
With these words, Judge Liebenberg dashed all hopes that Kauejao had of being released on bail following his arrest for murder, stock theft and defeating or obstructing the course of justice.
The charges stem from the discovery of the charred remains of prolific stock theft investigator, Hiambepo ‘Major’ Kazeurua in an aardvark hole.
Kauejao and his co-accused, Matheu Kakururume (29), Muvare Kaporo (25) and Afas Kamutjemo (38) are alleged to have committed the offences.
An initial bail application was held in the Gobabis Magistrate’s Court and only Kamutjemo was granted bail while a subsequent bail application was abandoned.
Kauejao alone lodged a bail application in the high court before Judge Liebenberg on “new evidence”.
The new evidence constituted the fact that the investigation is completed which diminishes the chances of Kauejao interfering with witnesses.
In his judgment, Judge Liebenberg said that after thorough consideration of the facts before him, it would appear that to say the State has a strong case against Kauejao is an overstatement of the evidence presented to court.
He said that evidence pertaining to the murder and stock theft charges hang mainly on statements by Kakururume and Kaporo implicating Kauejao which is disputed.
He said that even if this “evidence” is found to be true, it does not in his view constitute a “strong case” against Kauejao.
While this may be so, the judge said, it does not mean that a “prima facie” case was not made out against Kauejao.
“What has been established is prima facie evidence of witnesses implicating the applicant’s indirect involvement in the commission of the crimes of stock theft and murder, but direct involvement as regard the charge of obstructing the course of justice,” the judge stated.
He said notwithstanding the conclusion reached, the case against Kauejao is still a very serious one which, in respect of each count, will in all probability attract long custodial sentences upon conviction.
Judge Liebenberg noted the likelihood Kauejao would interfere with witnesses is very real as he has already demonstrated.
He said he gave proper consideration to the submission of Kauejao’s legal representative, Advocate Slysken Makando, that the court could impose stringent conditions on him.
“I am however not persuaded that the circumstances of the case justify such course and that safeguarding bail conditions would negate the risk of interference by the applicant,” stated Judge Liebenberg.
He noted that the circumstances of the case are such that there is a real risk that Kauejao will abscond and/or interfere with the witnesses and evidence.
“In the result, I have come to the conclusion that the applicant’s application for bail is without merit and is accordingly dismissed,” the judge concluded.