Amushelelo arrested 'for singing and dancing'
During activist Michael Amushelelo's appeal in the Windhoek High Court yesterday, lawyer Kadhila Amoomo said his client was "arrested for singing and dancing" during a protest march on Independence Day.
Amushelelo is appealing the Magistrate's Court's decision to refuse him bail.
Amoomo relied on parts of the Magistrate's Court record of Amushelelo's trial alongside parliamentarian Inna Hengari and youth activist Dimbulukeni Nauyoma.
According to this record, a police officer testified that Amushelelo's mannerisms provoked police officers on the scene and that he was arrested as a result.
This police officer apparently testified that Amushelelo did not incite violence among members of the protest group, nor did he encourage anyone to protest.
"On the contrary, [Amushelelo] submitted a memory stick with videos that show that he specifically asked the group to disperse," Amoomo said during appeal proceedings.
‘Not serious’
Amoomo further made reference to a ruling by judges Christie Liebenberg and Boas Usiku, who granted bail to Amushelelo and Nauyoma after they were arrested in connection with protests in Windhoek’s Chinatown in May 2022.
This judgment ordered that Amushelelo and Nauyoma may not incite any unlawful assembly nor engage in any unlawful assembly while out on bail.
Amoomo claimed that the fact that Hengari and Nauyoma were released on bail is reason enough to release Amushelelo on bail.
He added that the Magistrate's Court erred in its judgment when it claimed that Amushelelo - in a statement – said the charge against him was not serious.
Amoomo told justices Naomi Shivute and Philanda Christiaan that the court record takes into account the seriousness of the charge only once - when Amushelelo told a witness that the charge must be equally serious for all the accused.
According to the lawyer, what his client did say was that the State does not have a strong case against him.
He substantiated this with the judgment in which Nauyoma was granted bail.
"Here the magistrate says that the State does not have a prima facie case against Nauyoma," Amoomo said, adding that Amushelelo and Nauyoma were together at all material times during the protest on 21 March.
Already on bail
On behalf of the State, Johannes Kalipi said Amushelelo was denied bail due to the fact that he was already out on bail in connection with a previous charge, while Hengari and Nauyoma were not.
To this, Amoomo retorted that Nauyoma was also out on bail under the same conditions as Amushelelo when they were arrested.
Judge Shivute adjourned the case until 14 August.
Amushelelo is appealing the Magistrate's Court's decision to refuse him bail.
Amoomo relied on parts of the Magistrate's Court record of Amushelelo's trial alongside parliamentarian Inna Hengari and youth activist Dimbulukeni Nauyoma.
According to this record, a police officer testified that Amushelelo's mannerisms provoked police officers on the scene and that he was arrested as a result.
This police officer apparently testified that Amushelelo did not incite violence among members of the protest group, nor did he encourage anyone to protest.
"On the contrary, [Amushelelo] submitted a memory stick with videos that show that he specifically asked the group to disperse," Amoomo said during appeal proceedings.
‘Not serious’
Amoomo further made reference to a ruling by judges Christie Liebenberg and Boas Usiku, who granted bail to Amushelelo and Nauyoma after they were arrested in connection with protests in Windhoek’s Chinatown in May 2022.
This judgment ordered that Amushelelo and Nauyoma may not incite any unlawful assembly nor engage in any unlawful assembly while out on bail.
Amoomo claimed that the fact that Hengari and Nauyoma were released on bail is reason enough to release Amushelelo on bail.
He added that the Magistrate's Court erred in its judgment when it claimed that Amushelelo - in a statement – said the charge against him was not serious.
Amoomo told justices Naomi Shivute and Philanda Christiaan that the court record takes into account the seriousness of the charge only once - when Amushelelo told a witness that the charge must be equally serious for all the accused.
According to the lawyer, what his client did say was that the State does not have a strong case against him.
He substantiated this with the judgment in which Nauyoma was granted bail.
"Here the magistrate says that the State does not have a prima facie case against Nauyoma," Amoomo said, adding that Amushelelo and Nauyoma were together at all material times during the protest on 21 March.
Already on bail
On behalf of the State, Johannes Kalipi said Amushelelo was denied bail due to the fact that he was already out on bail in connection with a previous charge, while Hengari and Nauyoma were not.
To this, Amoomo retorted that Nauyoma was also out on bail under the same conditions as Amushelelo when they were arrested.
Judge Shivute adjourned the case until 14 August.
Comments
Jonathan Dimbarukua
Thanks