Iuze Mukube
The pre-trial hearing for British millionaire Harvy Boulter has been postponed by the High Court to allow his appeal in the Supreme Court to be finalised.
During the hearing yesterday, Windhoek High Court Judge Hosea Angula ordered that the accused’s pre-trial be rolled over to 16 April 2025.
This is to make way for the finalisation of an appeal Boulter lodged in the Supreme Court to compel Prosecutor General Martha Imalwa to desist from prosecuting him on several charges, including murder.
Boulter is accused of murdering his then farm manager, Gerhard van Wyk, on 27 April 2021, by shooting him in the stomach with a firearm at his property in the Kamanjab area.
Van Wyk died on the way to hospital.
It was alleged the incident occurred after a brawl broke out during a barbecue at the farm.
The decision to prosecute, Boulter claims, was made on the premise that he intentionally discharged a shot that struck his manager in the circumstances where there was no evidence that he was responsible for any intentional act.
With the assistance of his lawyer, Sisa Namandje, Boulter denied the accusations of intentionally shooting and killing his manager.
Boulter is being further prosecuted on charges of possession of a firearm and ammunition without a valid licence and of handling a firearm while under the influence of intoxication liquor.
Boulter argued that he is the “beneficial” owner of the items as he owns the company that registered for the licence of the items in question.
However, the PG declared that she has sufficient evidence to prosecute Boulter and she is therefore authorised to file charges against him when the evidence points to a reasonable court’s conviction under cautious consideration.
Judge Herman Oosthuizen, who heard the application, found there were sufficient grounds on which to prosecute and dismissed the application, which gave rise to the appeal in the Supreme Court.