The criminal trial of British farmer and businessman Harvey Boulter was deferred yesterday until 16 November by Windhoek High Court judge Christi Liebenberg.
The judge granted the postponement to allow the parties to sort out a review application by Boulter on the decision of the prosecutor general to continue prosecuting him over allegations surrounding a shooting incident which resulted in the death of his farm manager in 2021.
Harvey filed a review application against prosecutor general Martha Imalwa’s decision of last year 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. The PG is opposing the application.
Harvey has pleaded not guilty to the charges.
Lawyer Kadhila Amoomo told the judge that the review application is still far from being heard, as the PG still has to file her answering affidavit as well as a condonation application for late filing.
The PG was supposed to file her reply already on 14 July, but failed to comply, and now has to ask for condonation. The civil matter will return to court on 28 August for a status hearing and possible trial dates before High Court Judge Herman Oosthuizen.
As such, Judge Liebenberg placed the criminal proceedings of Boulter on hold until such time when the review proceedings have been finalised.
Boulter, who is currently out on bail, is alleged to have shot and killed his farm manager Gerhard van Wyk on 27 April 2021.
Van Wyk was shot in the abdomen at Boulter’s sprawling multi-million-dollar property in the Kamanjab area.
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. During the scuffle between Boulter and Van Wyk, a shot went off.
The bullet which 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.
Boulter, alongside his company SX Investments One, is also being sued by the late Van Wyk’s widow Alta van Wyk, his son Gerhard van Wyk Jr, daughter Michelle van Wyk, and Van Wyk Jr’s wife Liani van Wyk for allegedly intentionally and negligently causing Van Wyk’s death.
Van Wyk’s family wants N$84.5 million as payment for his death.