WINDHOEK - Windhoek Regional Court has postponed the case of Yemeni accused of executing Malian, Gamby Baya in 2016 in order to set a trial date.

Murad Esmail Ali Al-Hersh, 40, made a brief appearance before Magistrate Elina Nandago where he was informed his case will be transferred to another court where his trial will eventually start. 

The prosecution has charged Al-Hersh with a count of murder, robbery and defeating or obstructing the course of justice. All charges emanate from the shooting incident that took place during the night of July 31 to August 1, 2016.  Baya’s lifeless body was discovered by a passer-by at a dumping-site in the suburbs of Kleine Kuppe, Windhoek on August 1, 2016. It is suspected Al-Hersh put a bullet between Baya’s eyes while he was seated in his green Hyundai Elantra 2014 model in an open space in Kleine Kuppe.

It is alleged that Al-Hersh executed the Malian national because he had failed to account for money. It is believed that the pair had an agreement in which Baya was meant to convert US$500 000 (N$7.4 million) into Namibian Dollars but he later failed to account for US$150 000 (N$2.2million) which then led Al-Hersh putting a bullet to his head. The prosecution alleges the charge of obstructing the course of justice emanate from the fact that Al-Hersh disposed of Baya’s corpse at the dumping site and dumped his car in Windhoek’s suburb, Olympia.

Al-Hersh who has been in custody since his arrest in 2016, had to have security around him intensified. This was made following allegations that Al-Hersh tried to escape from lawful custody in September. 
At the time, the prosecution requested that Al-Hersh be transported by Namibian Reserve Force rather than the Namibian Police force.

Magistrate Nandago postponed the matter for fixing of a trial date to November 5. Al-Hersh is being represented by defence attorney Sisa Namandje with Menencia Hinda prosecuting for the state.