The Windhoek Magistrate’s Court did not discriminate against forex trader turned-politician and social activist Michael Saddam Amushelelo when it refused him bail but ordered the release of his co-accused, the Windhoek High Court has found. Amushelelo has been in custody since Independence Day this year when he was arrested alongside social activist Dimbulukeni Nauyoma and PDM’s member of parliament Inna Hengari.
Hengari and Nauyoma have since been released on bail. Appeal judges Naomi Shivute and Philander Christiaan yesterday dismissed Amushelelo’s bail appeal.
According to the judges, there is no merit in the activist’s argument that he was discriminated against by the Windhoek Magistrate’s Court when it refused to grant him bail earlier this year, citing that different presiding officers dealt with his bail application and that of his co-accused. “In any case, the other two accused persons have no
cases pending against them, apart from the present case, while the appellant [Amushelelo] has three other matters pending on which he was granted bail. Some of them are similar to the present matter,” the judges
said. The court concluded that the lower court did not misdirect itself when it took into consideration the activist’s four pending criminal matters for which he is out on bail.
“The present matter was committed whilst the appellant was on bail. The court a quo did not see any suitable bail conditions to be attached in order to deter the appellant. No change was seen in the appellant’s conduct whilst on bail with conditions,” said the judges. They added that by refusing to grant Amushelelo bail, the lower court balanced the right to liberty with public interest or administration of justice and concluded it would not be in the interest of justice for him to be released on bail, pending the finalisation of his case.
The judges also said although the constitution affords an accused person a right to liberty and the presumption of innocence, such rights have not been infringed upon.
“This court is satisfied that the appellant did not discharge the onus, on a balance of probabilities, that he is the right candidate to be admitted to bail. We did not find any misdirection on the part of the court a quo in refusing bail.”
Amushelelo, Hengari and Nauyoma were arrested in connection with a public protest against Namibia’s high youth unemployment rate. The police deemed the protest illegal, as the High Court, that same day, denied protesters’ request to forge ahead with the planned nationwide demonstration after their initial request was turned down by the police.
After the High Court’s ruling, some angry youth persisted and gathered at the Katutura Youth Centre to commence their demonstration. When Khomas regional crime coordinator Chrispin Mubebo arrived at the venue, he declared the protest illegal and gave protesters five minutes to disperse.
However, some people continued protesting, leading to the arrests of the two activists on the spot and later Hengari, who had arrived at the Otjomuise police station to offer her support to activists.
- mamakali@nepc.com.na