Windhoek High Court Judge Naomi Shivute said there is a real possibility that a Gobabis man, who was released from custody on parole on a previous murder conviction, will re-offend if released on bail pending his trial on another murder charge.
The judge dismissed the bail application of Petrus Hoxobeb (57), who is charged with murdering Josephine Afrikaner by stabbing her with a knife at least nine times at a shebeen in Gobabis during the evening hours of 14 July 2019.
According to the indictment, Hoxobeb and the victim were involved in a relationship some time prior to her death, but were no longer involved during the alleged commission of the crime.
According to the judge, the state appears to have a strong prima facie case against Hoxobeb, and it is therefore not in the interest of the public or the administration of justice to release him on bail.
The judge further said that it is common cause that Hoxobeb has two previous convictions, one for murder and one for assault with intent to cause grievous bodily harm. In those cases, he was convicted of killing the mother of his children, and sentenced to 25 years. He served 10 years and six months before being released on parole. This, Shivute said, was evidence that Hoxobeb is a violent person with no respect for human life or the law.
She further stated that if convicted of murder, there is a likelihood that Hoxobeb may be sentenced to a lengthy term of imprisonment without the option of a fine. “This in itself would be a reason for the applicant to abscond,” the judge reiterated.
“Since the applicant has a propensity to commit offences where violence is an element, the applicant is likely to commit further offences if released on bail. His release will be prejudicial to the maintenance of law and order as he would be a danger to women and other vulnerable people.”
During the evening of 14 July 2019, the victim was socialising with some of her friends at a shebeen. The victim later allegedly left the shebeen to relieve herself outside. There, she was accompanied by a certain Esmie Thomelo, who is the complainant in the charge of assault by threat Hoxobeb is also facing.
It is further alleged that Hoxobeb then followed them, armed with a knife, and pounced on the squatting Afrikaner and stabbed her. When Thomelo wanted to intervene, he threatened to stab her with the knife he was still wielding. The victim died on the spot due to blood loss caused by stab wounds to the heart and lungs. Hoxobeb then fled the scene, and was arrested while hiding in a mountainous area in the Gobabis district.