Windhoek High Court Judges Dinnah Usiku and Herman January dismissed an appeal by one of the men accused of killing Walvis Bay cop, Asser Dominicus.
Sem Matias lodged an appeal after magistrate John Sindano refused to release him on bail, pending the charges against him.
Matias and six other accused face charges of murder, robbery and attempted robbery over the killing of Dominicus (29), who died after being stabbed twice in his chest area.
It is alleged by the State that the seven men, Lucas Kambanda (20), David Samuel (25), Sem Matias (27), Naftali Junias (26), Festus Matias (24), Doctor Niilenge (17) and James Jeremia Matatu (27) attacked Dominicus while he was walking his girlfriend home around 00h30 after visiting friends in Kuisebmond on 4 June 2021.
They allegedly also robbed the victim of a Samsung cell phone.
They were all denied bail, and Matias subsequently filed a bail application in the Walvis Bay Magistrate Court, which was denied.
He then filed an appeal with the High Court, claiming the magistrate erred when he ruled he has a propensity to commit crimes of violence; a propensity to be charged on theft cases; has shown a pattern of deviant behaviour – and that if released, he may commit further offences.
The prosecutor general, represented by Ethel Ndlovu, opposed the appeal on the basis that it will not be in the interest of the administration of justice to release him on bail for the fear that is likely to abscond, and also not in the interest of society, as he is likely to re-offend if released on bail.
Judges Usiku and January concurred that the prosecution established a nexus between Matias and the crimes committed on 4 June 2021.
Although Matias claimed he left the scene in a taxi before the deceased and his companion were attacked, evidence produced placed him on the scene, the judges stated.
Matias is represented by legal aid lawyer Tanya Klazen.