WINDHOEK - The Yemeni national accused of shooting and killing a Malian in Windhoek during 2016 was granted N$50 000 bail yesterday.
Murad Esmail Ali Al-Hersh, 40, succeeded with his formal bail application in the Windhoek Magistrate’s Court after the state failed to provide evidence of any malfeasance against the accused, including any attempt to escape from custody or intimidate witnesses.
Magistrate Davy Kambinda presided over the bail hearing. The court imposed ten bail conditions that Al-Hersh has to abide by.
The accused is forbidden from leaving the country, acquiring a passport, and interfering with identified and unidentified witnesses, while he should report himself to the investigating officer three times a week.
Al-Hersh is currently on trial and is facing charges of murder, robbery and defeating or obstructing the course of justice.
All charges emanate from the death of Malian national Gamby Baya on 1 August in 2016. Al-Hersh has been in custody for three years and four months. During his detention, Al-Hersh has been under the watchful eye of the Namibian Reserve Force after allegations that he attempted to flee from lawful custody in September 2018 surfaced.
The prosecution is alleging the 40-year-old gunned down Baya as a result of unlawful money dealings that turned sour. It is alleged that Baya allegedly failed to account for US$150 000 (N$2.1 million) of US$500 000 (N$7.3 million), which then resulted in his execution.
According to the substantial facts on the charge sheet, Al-Hersh unlawfully and with intent killed Baya at an open space in Kleine Kuppe on the date in question.
Police reports indicate that Baya was discovered with a gunshot between his eyes. The report further indicates Baya was shot in the head while he was seated in his Hyundai Elantra.
The car was found abandoned in the 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 victim.
Al-Hersh has, however, maintained his innocence, testifying during his bail application that he was not the one who killed Baya on the date in question.
He testified that he was with Baya, and they drove together to Kleine Kuppe. Baya was allegedly going to settle a debt with a certain Osam.
During the meeting, Baya allegedly informed Osam he had no money, which angered Osam, who then shot Baya.
Al-Hersh allegedly drove away from the scene after Osam threatened him.
Al-Hersh is set to get new trial dates on a date to be determined soon. Defence lawyer Sisa Namandje represented al-Hersh, while Fillemon Nyau was prosecuting for the state.