Court made serious mistake – Booys

"There is no reason, especially not in terms of public interest, that the appellant should still be refused bail."These were the words of Steve &#039;Biko&#039; Booys&#039; legal representative Marthino Olivier during his latest attempt to be released on bail.Through his lawyer, the former Swapo parliamentarian and Okahandja constituency councillor claimed that the magistrate&#039;s court in Okahandja made a "serious and substantial" mistake with his first bail application.He argued that this justifies the intervention of a higher court. He appealed Magistrate Khaepriums Swartz&#039;s judgment, which was delivered on 15 April 2021, and demanded that the court grant him bail of N$10 000 with strict conditions.Booys is facing two charges of rape, alternatively incest, after he reportedly raped his biological daughter on 17 and 18 January 2021.He appeared in the Windhoek High Court before judges Christie Liebenberg and Herman January on Monday, but the case was postponed until 2 October because the State did not submit its main arguments in time.Booys remains in custody, while public prosecutor Filistas Shikerete must submit his arguments by 18 September.Previous applicationsBooys turned himself in to authorities in February 2021 and has been in custody ever since. He was refused bail during his first appearance in the Okahandja Magistrate&#039;s Court, and made his first formal application for bail on 30 March 2021. The State opposed the application on the grounds of the seriousness of the offence, the claim that the State had a strong case against Booys, the fear that he would interfere with the investigation and state witnesses, and the claim that it would not be in the interest of justice to release him.Booys has since brought three additional bail applications based on new facts, each of which has been dismissed.He is now appealing the initial bail refusal from April 2021 and, together with his appeal application, submitted an application for condonation because the appeal was brought more than 14 days after the verdict.GroundsBooys claimed that Swartz erred when he allegedly allowed the State to lead with hearsay evidence, but prevented him from doing the same. This is related to Booys&#039; testimony in which he said he paid the complainant&#039;s medical expenses, which included treatment for bipolar and personality disorder.He further argued that Swartz did not give enough weight to the legal determination of the presumption of innocence.He claimed that his continued detention has a major impact on him and the people who depend on him, as well as his businesses, employees and the community.– kristien@republikein.com.na

Court made serious mistake – Booys

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Namibian Sun 2025-07-02

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Court made serious mistake – Booys

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Namibian Sun 2025-07-02

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