WALVIS BAY – Former ombudsman John Walters says the justice system needs to be questioned, especially the issue of bail, to get a clearer understanding as to whether it is equally applied to all who seek bail in Namibian courts.
Walters’ response comes after Econolux bus driver Jeremia Heita, who fatally shot an alleged repeat offender early Saturday at Walvis Bay, was denied bail.
The 55-year-old Heita, who handed himself over to the police shortly after the incident occurred at his residence, has been remanded in custody until 7 June.
He has the right to formally apply for bail in the meantime.
Police over the weekend reported that Heita arrived at his home around 01h30 on Saturday, whereupon he parked his bus outside and went inside the house.
He found three men at his bus. Two then ran away, but the deceased remained and allegedly attacked him with an unknown object.
As a result, Heita shot the man. During his first appearance on a charge of murder on Monday, public prosecutor Maggy Shiyagaya opposed bail due to the seriousness of the matter.
“We don’t believe the accused is a flight risk as he handed himself over. Also, we are opposing bail at this stage due to the seriousness of the case,” she said.
Heita was informed that he can either obtain a private lawyer, or apply for legal aid. Ironically, farmer Johan Meyer (55) from Mariental was last week Tuesday granted bail of N$3 000 after he was charged with culpable homicide for allegedly deliberately driving over a nine-year-old girl and killing her on his farm.
She was part of a group that collected beans from his farm without his consent.
In another incident, a 31-year-old man, charged with culpable homicide, was denied bail for reportedly causing the death of rugby legend and avid cyclist Gerhard Mans Snr.
Mans was struck by a white BMW sedan while cycling on the Western Bypass.
Walters, however, said Namibians have a right to ask burning questions when it comes to the justice system.
“We should ask ourselves why nearly similar facts presented to the courts have different outcomes, where one gets bail and the other not. Then, we have to question the administration of justice. We must interrogate whether it was applied equally, or if preferential treatment was the order of the day,” Walters said yesterday.
According to him, the question of bail needs a deeper discussion both inside and outside the judicial system.
Many Namibians yesterday also questioned the justice system on social media, with hundreds rallying behind Heita, whom they believe only defended himself and the property of his employer.
In a similar case, Grootfontein pensioner Marieta Wilhelm was charged with murder after she also killed an attacker on her farm.
She spent several weeks in custody before she was finally granted bail on 5 April.
edeklerk@nepc.com.na