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Murder accused refuses to appear in court

2019-05-29  Maria Amakali

Murder accused refuses to appear in court

WINDHOEK - The trial of a Yemeni national accused of executing Malian national Gamby Baya in 2016 could not assume after he refused to appear in court. 

According to state prosecutor Sirka Nangoro, the accused, Murad Esmail Ali Al-Hersh, 40, refused to be brought to court for the start of his long-awaited trial in the Windhoek Regional Court.  Nangoro informed the court that the state was not furnished with the reasons why Al-Hersh refused to be brought to court. Consequently, the magistrate Surita Savage postponed the trial to October 28.

Al-Hersh has been detained in police custody at the Windhoek Central Correctional Facility since his arrest in August 2016. 

He has been under the watchful eye of the Namibian Reserve Force after allegations that he attempted to flee from lawful custody in September 2018. 

The state has opposed to him being released on bail on grounds that he may abscond  before his trial begins since he has no fixed assets in the country.

The Yemeni national is on trial on a count of murder, robbery and defeating or obstructing the course of justice. All charges emanate from the shooting  that took place during the night of July 31 to August 01, 2016.

The prosecution is alleging that the 40-year-old gunned down Maya as result of unlawful money dealings that turned sour. It is alleged that the deceased could not account for some of the money. Maya allegedly failed to account for US$150 000 (N$2,1 million) of US$500 000 (N$ 7,3 million) which resulted in his execution. 

According to the substantial facts on the charge sheet Al-Hersh unlawfully and with intent killed Maya at an open space in Kleine Kuppe on the date in question.

Police reports indicate that Maya was discovered with a gunshot between his eyes. The report further indicates that Maya was shot in the head while he was seated in his green Hyundai Elantra 2014 model car. 

The car was found abandoned in Olympia residential area.

During his arrest, Al-Hersh was found in possession of more than N$70 000 an amount which the police cannot link to the stolen money of the deceased.  Al-Hersh is being defended by Sisa Namandje. 

2019-05-29  Maria Amakali

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