The prosecutor general has indicated her intentions to defend her decision to indict British farmer Harvey Boulter for allegedly shooting and killing his farm manager in 2021.
Boulter is challenging Martha Imalwa’s decision to indict him on the charges of murder, possession of a firearm and ammunition without a licence, and handling a firearm while under the influence of intoxicating liquor. The prosecution is alleging that the businessman shot and killed Gerhard Van Wyk on 27 April 2021 on his farm in Kamanjab. Van Wyk was shot in the abdomen and died on his way to the hospital. It is alleged that the incident occurred after an altercation during a braai at the farm. According to witnesses who testified during the bail hearing, Boulter was the initial aggressor during the incident.
The accused allegedly assaulted Van Wyk’s son after he objected to a remark he had made about his wife, and Van Wyk then came to his son’s assistance before the shooting happened. 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, citing 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 pistol he was holding against his chest.
In his affidavit, Boulter is claiming that he never had the intention to shoot or kill Van Wyk. “I had no intentions whatsoever to shoot and kill any member of the Van Wyk family. In fact, it would be bizarre and absurd for me to have intended to kill Van Wyk Sr with whom I had a cordial and long-standing relationship,” said Boulter.
So, it would have been prudent for the police to first establish the circumstances surrounding the firing of the gun, and if the shot was fired with the intention to shoot and kill Van Wyk.
Boulter claims that Imalwa failed to properly consider the matter before indicting him. The matter was postponed yesterday to 19 June for case management before High Court Judge Herman Oosthuizen.
– mamakali@nepc.com.na