WINDHOEK – The Windhoek Regional Court gave an order to have the security around forty-year-old Yemeni national tightened following several attempts that were made by the accused to flee from police custody.
Attempts to flee came to light on Tuesday during court proceedings when murder accused Murad Esmail Ali Al-Hersh, 40, made an appearance before Magistrate Elina Nandago. According to state prosecutor Menencia Hinda, Al-Hersh tried to escape from lawful custody three weeks ago. Hinda made an application to have Al-Hersh under the watchful eye of the Namibian Reserve Force rather than the Namibian Police Force. According to the order, Al-Hersh will be escorted by the Namibian Reserve Force to and from court or to the hospital. Although Al-Hersh case was on the court roll for plea and trial, his trial could not start as scheduled yesterday as his defence attorney Norman Tjombe withdrew his services. According to Tjombe, he can no longer be Al-Hersh’s defence counsel due to conflicting instructions. Magistrate Nandago informed Al-Hersh that escaping from custody is an offence.
Al-Hersh who now is left without any legal representation has informed the court that he will be seeking for a new private lawyer to represent him during his pending trial. The Yemen national faces a charge of murder, robbery and defeating or obstructing the course of justice. All charges emanate from the death of Malian national Gamby Baya who was shot in the head 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 that 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 the 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 to fatally shoot him in the head. The prosecution says the charge for obstructing the course of justice emanates from the fact that Al-Hersh disposed of Baya’s corpse at the dumping site and dumped his car in Olympia suburb, Windhoek.
Al-Hersh has denied the allegations when he took his preliminary plea on August 15, 2017.
The court postponed Al-Hersh’s case for legal representation to November 1.