Windhoek High Court Judge Claudia Claasen has set aside the decision of the Outjo Magistrate’s Court, which had refused murder accused British multi-millionaire Harvey Boulter bail.
In the process, Claasen granted the 51-year-old bail in the amount of N$500 000. As a condition to his release on bail, Boulter was ordered to reside at a fixed address in Windhoek and such address should be given to the investigating officer prior to his release from custody.
Should his residency change, it should be communicated with the investigating officer. He was also ordered not to apply for new travelling documents pending the finalisation of his case and he may not leave the district of Windhoek without the prior consent of the investigating officer.
Claasen further ordered him to report himself to Windhoek police every Wednesday and should make his court appearances in the Outjo Magistrate’s Court as per court order. The court indicated that the reasons for the judgement would be made available at a later stage. His case was postponed to 20 September for further police investigations.
Boulter approached the High Court to appeal the lower court’s decision citing irregularities and magistrate Immanuel Udjombala’s failure to properly apply his mind and misdirected himself in law when he denied him bail on 11 May. His lawyer, Sisa Namandje argued the court failed to take into consideration undisputed facts that are in favour of Boulter.
Namandje said Boulter has invested about N$150 million in Namibia over a 10-year period and has had permanent resident status in the country since 2017. The accused has fully cooperated with the police during their investigations and was the one who called and reported the incident to the police. He has handed over his passport to the police and has not interfered with witnesses or ongoing investigations.
Furthermore, the accused said he was saddened by the death of Gerhard van Wyk senior, as he regarded him as family.
The State, through prosecutor Taodago Gaweseb, was opposing the application, citing that Boulter failed
to show on a balance of probabilities how the magistrate erred in his findings. He said the mere fact that there is a commission of a serious offence and the probability of a heavy sentence being imposed prompts the court to form an opinion that it would not be in the interest of either the public or the administration of justice to release Boulter on bail. Boulter is charged with a count of murder, possession of a firearm without a licence, illegal possession of ammunition, and attempting to defeat the course of justice.
All charges are in connection with the death of his employee, Van Wyk, who succumbed following a shooting incident at his farm Kaross, situated between Kamanjab and the Etosha National Park. It is alleged that the incident occurred after an altercation during a braai held at Boulter’s farm.
According to witnesses during the bail hearing, Boulter had been the initial aggressor during the incident. Boulter 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. Van Wyk was shot in the abdomen. He died while being transported to a hospital. Boulter was shot in his left hand during the
incident.
-mamakali@nepc.com.na