Windhoek
An Okahandja farmer accused of shooting and killing a suspected poacher on his father’s farm, Otukaruno, in the Okahandja District is set to spend his trial behind bars after his appeal for bail failed.
Judge Dinah Usiku on Monday dismissed an appeal murder accused Kai Rust lodged against the refusal of bail by Magistrate Masule Kwizi in the Okahandja Magistrate’s Court.
Defense counsel Jan Wessels representing Rust argued the court made serious mis-directions when it refused his client bail, which permits the Appeal Court to interfere in the decision.
Usiku, however, did not find any reason to interfere in the decision of the magistrate to refuse Rust bail in the original bail hearing.
“Though the appellant is entitled to apply for bail there is no automatic right to bail,” Judge Usiko said and continued, “it therefore follows that the refusal of bail does not deprive the appellant of his right to liberty contrary to the Constitution.”
According to her, the magistrate’s court had the discretion to either grant or refuse Rust bail and the Appeal Court is not satisfied the magistrate’s decision was wrong to enable it to interfere.
Usiku stressed the fact that there appears to be a real risk of absconding, as Rust conveniently did not disclose the fact that he has a sister who lives in Germany. This, she said, only emerged during cross-examination.
She further stated it is abundantly clear from Namibian case law that the nature of the crime alleged to have been committed and the strength of the State’s case are extremely relevant when considering bail.
“The appellant faces a count of murder, attempted murder, as well as the possession of a firearm and ammunition without a licence,” the judge noted. “These are no doubt serious charges,” she emphasised.
According to Judge Usiku, it is her duty to take into account the seriousness of the offences with which Rust is charged and which could result in heavy sentences being imposed.
“That fact would indeed tempt the appellant to abscond,” Judge Usiku stated.
Rust, 44, is charged with murder, three counts of attempted murder, possession of a firearm without a licence and possession of ammunition without a licence.
He was arrested on January 26 after he allegedly shot at poachers he spotted busy skinning a kudu on the farm situated about 25 kms from Okahandja on the Hochfeld Road.
In the process, one of the alleged poachers was killed when he was hit in the back, as well as one of the dogs. The deceased was later identified as Andreas Ukandanga.
A half-skinned kudu carcass, four snares, a panga, a knife and one bag of maize meal were found at the scene, it was reported at the time.
Wessels represented Rust during the bail application and the appeal. Advocate Jack Eixab appeared on behalf of the State.