British farmer and businessman Harvey Boulter will have to answer to the allegations surrounding the shooting which resulted in the death of his farm manager, as the prosecutor general has stuck to her guns on prosecuting him – despite investigations not being finalised.
Boulter petitioned prosecutor general Martha Imalwa in July to reconsider her decision 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 allegations are in relation to the death of his farm manager Gerhard van Wyk, who was shot in his abdomen at Boulter’s sprawling multi-million-dollar property in the Kamanjab area in February last year.
In the High Court yesterday, Boulter’s lawyer Kadhila Amoomo informed judge Christie Liebenberg that they had received a response from the prosecutor general regarding their petition. “The prosecutor general has declined our request. They have decided to proceed with the prosecution of the accused. However, the issue of the DNA analysis is still outstanding,” he said.
Amoomo added that Imalwa took the decision without having all the facts at hand.
Judge Liebenberg said the matter was not supposed to be transferred to the High Court when investigations are still incomplete. He said such issues are meant to be dealt with by the lower courts. He said the court will not keep postponing the matter for investigations to be finalised. Liebenberg made it clear that at some stage, the court might be forced to have the trial commence with or without the DNA results – even if it may disadvantage the prosecution.
The court has since postponed the case to 16 January 2023 for DNA results. Boulter’s bail of N$50 000 has been extended until then.
The prosecution is alleging that the businessman shot and killed Van Wyk on 27 April 2021. He 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, 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.
-mamakali@nepc.com.na