WINDHOEK – Northern businessman, Maurus Valombola (57) is set to remain behind bars pending the finalization of his ongoing trial over the alleged murder of Bernard Kalimbo (32).
This is after Judge Naomi Shivute dismissed his application for leave to appeal to the Supreme Court against her refusal to grant him bail in the High Court on appeal against the Outapi Magistrate Court’s denial of bail. Valombola has a string of business interests in the north in places like Oshikuku, Tsandi and Eendombe. He was arrested and charged with murder on February 8 last year in connection with the death of Kalimbo in Okeeke. Kalimbo died in the Oshakati State Hospital on February 7, after he was severely beaten with a blunt object the previous day. During his first court appearance in the Outapi Magistrate’s Court, villagers from Oneeya, Epukunoyana, Okakaukanyaluwili, Ogongo and Okeeke held a peaceful demonstration outside the magistrate’s court, demanding that Valombolo not be granted bail. The demonstrators also called for a stiff sentence should he be found guilty, alleging in a petition handed over to the control prosecutor Pineas Mpofu that Kalimbo was harassed, intimidated and accused by Valombola when the deceased visited his shebeen at Okeeke.
They said Kalimbo left Valombola ‘s shebeen and headed home. Valombola then followed him with his vehicle ans started assaulting Kalimbo leaving him injured in the bush, where he was found the next morning and taken to hospital. Valombola testified during his bail hearing that on February 7 last year, he was at one of his bars called MK Special in Okeeke when the deceased wanted to leave the premises with beer in his glass when the bar was about to close and that he was standing at the entrance of the bar when Kalimbo pushed him aside. He told the court that he hit Kalimbo with a pool stick on the side of the rib when he (Kalimbo) tried to attack him.
Valombola promised that if granted bail he would stand trial and comply with all bail conditions. However, Judge Shivute said while Sisa Namandje on behalf of Valombola argued that bail should have been granted with conditions attached, failing which it may have led to failure to exercise proper discretion, she found that no such misdirection occurred in the magistrate’s bail denial. “He has made a proper consideration in balancing the applicant’s right to liberty against the interests of justice,” she said. According to Judge Shivute, an appellate court is bound by the provisions of the Criminal Procedure Act in an appeal hearing against a lower court’s refusal to grant bail and that it should not set aside a decision of the lower court unless such court or judge is satisfied the decision was wrong. “I did not and do not now hold the view that the decision of the learned magistrate was wrong,” Judge Shivute emphasised. According to the judge she remains firm that the magistrate exercised his discretion properly and that she is not persuaded that there are reasonable prospects of the appeal succeeding in the Supreme Court.
By Roland Routh