Iuze Mukube
Murder accused Gabes Shiimi (31) has accused the State of unilaterally withdrawing from an undertaking with him after it had induced his compliance in furnishing contact details of witnesses to it. He said this in an affidavit during his formal bail proceedings in the Windhoek Magistrate’s Court on Wednesday.
It is his conviction that the State, in opposing his release on bail, contended that certain outstanding witnesses were his acquaintances and that their very evidence had not been secured yet.
He stated that during proceedings, an undertaking was then made that if he assisted in facilitating the availability of those witnesses, the State would neutralise its concerns regarding interference.
He contended that he elected, in good faith and with respect to the administration of justice, to furnish his lawyer with the contact details of said individuals and instructed that they be contacted and informed that the investigating officer was seeking their cooperation.
“As a direct result of my intervention, those witnesses presented themselves to the investigating officer and provided statements. I therefore fulfilled my part of the arrangement fully and without hesitation,” he said.
It was on this basis, he said, that he abandoned his bail application that was heard between 21 January and 23 January 2026.
“I believed that the State, as an officer of the court, would honour its representation,” he added.
To his disappointment, the failed to hold to the end of the bargain and instead decided to withdraw from that undertaking and now persists in opposing his release on bail.
“An undertaking made to the court is not a casual or informal statement – it is a representation upon which both the accused and the court are entitled to rely,” he argued.
The State and the investigating officer are expected to conduct themselves with fairness, honesty and good faith, he said.
He added that it is not open to the state to induce an accused person to abandon proceedings on the strength of an undertaking, only to later withdraw from that position once the accused person has complied.
He urged the court to consider that he acted in good faith and cooperated fully and that the prejudice he now suffers is from the state’s failure to honour its undertaking.
He told the court that he is a father to a six-year-old and that his continued detention has deprived him from fulfilling his parental responsibilities.
Prior to his arrest, he was a self-employed car trader, and his incarceration has resulted in a complete loss of income and placed significant strain on his dependants.
He added that he suffers from chronic medical conditions and that he has a serious hip condition arising from a previous injury.
On the grounds of the State in opposing his bail, he stated that he denies the allegations against him and will plead not guilty at trial and that he is innocent.
He asked for bail to the amount of N$5 000.