British farmer and businessman Harvey Boulter want the High Court to review the decision of the prosecutor general to continue prosecuting him over allegations surrounding a shooting incident that resulted in the death of his farm manager in 2021.
Yesterday, Boulter’s lawyer informed Windhoek High Court judge Christie Liebenberg that last week, they filed a review application against prosecutor general Martha Imalwa’s decision of last year to arraign and have him stand trial on charges of murder, possession of a firearm, and ammunition without a licence, and handling a firearm while under the influence of intoxicating
liquor.
He has since pleaded not guilty to the charges.
The review application is scheduled to be before judge Herman Oosthuizen on 17 April for a status hearing.
Thus, Liebenberg placed the criminal proceedings of Boulter on hold until such time when the review proceedings have been finalised. He postponed the matter to 20 July.
Boulter, who is currently out on bail, is alleged to have shot and killed his farm manager Gerhard van Wyk on 27 April 2021.
Van Wyk was shot in the abdomen at Boulter’s sprawling multi-million-dollar property in the Kamanjab area.
He died on his way to the 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. 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, claiming that at the time of the incident, he felt like he was under attack from Van Wyk and his son. He claims the gun went off after Van Wyk grabbed the weapon he was holding against his chest.
Boulter alongside his company SX Investments One, is being sued by the late Gerhard van Wyk’s widow Alta van Wyk, his son Gerhard van Wyk Jr, daughter Michelle van Wyk, and Van Wyk Jr’s wife Liani van Wyk for allegedly intentionally and negligently causing Van Wyk’s death.
Van Wyk’s family wants N$84.5 million as payment for his death.
This case will be in court on 19 April before judge Orben Sibeya.
-mamakali@nepc.com.na