The State is adamant that granting bail to the two applicants in the Chinatown protests is against the administration of justice and public interest.
Warrant officer Lisias Nakanyala said due to the seriousness of the charges the two are facing, it will not be in the interest of the administration of justice to release the two, and the court also fears there is a strong possibility that the two might commit the similar offence.
He said this during cross-examinination by the applicants’ lawyers at the continuation of their bail hearing for accused Dimbulukeni Nauyoma and Michael Amushelelo.
Nakanyala, however, contradicted the grounds stated by prosecutor Victoria Lisias that the State fears the investigation is at an infancy stage, and there is fear that the duo will interfere with the investigation, as 25 statements are outstanding.
“Although that is one of the grounds, I did not mention it on record that they will interfere with the investigation,” he said in response to Kadhila Amoomo’s question about whether he is contradicting the ground of the objection given by the State during the first appearance on Monday.
He further explained that based on the information in the docket, there is no allegation of the duo interfering with the investigation of their pending cases while on bail.
The warrant officer said several videos are in his possession, showing the unruly behaviour of the pair.
“The State has evidence and witnesses about the matter,” he said.
Nakanyala said Amushelelo and Nauyoma are facing similar charges to six others who were released on the day of arrest on warning.
The investigator, who also informed the court they did not consider the personal circumstances of the accused of the objection to their bail, added the two were kept behind bars because they were the kingpins of the protest at Chinatown in Windhoek’s industrial area.
He said a video in his possession shows Nauyoma had instructed the group of protesters not to disperse.
However, the two defence lawyers argued their clients are facing a simple case but the State wants to complicate it due to political motivations and influence.
“These applicants are prominent in politics and have political opponents that are now influencing in objecting the bail, as we are informed that the instruction is from the high offices,” said Nambili Mhata, the defence lawyer of Amushelelo.
The lawyers further want the court to decline the grounds of the State to object to the bail, saying they are discriminatory and unfair.
Mhata indicated the fact that the duo is facing the same charges as their six co-accuses, who are already released on warning, is a fair display that there is discrimination against their clients.
“The grounds of the State to object bail is low and weak. The legal principle of bail must apply to all fairly,” he explained.
He wanted to know why his client was treated differently on the same charges other accused persons were taken from the same environment, exercising their democratic rights to be released on warning while others are kept incarcerated.
He again put it to the court that the accused had succeeded in raising awareness, as NamRA was on record on NBC television, saying they will take action on the matter.
The hearing will continue today. - firstname.lastname@example.org