There’s no reason for my prosecution - Boulter

Kristien KrugerDallas

“The Prosecutor-General’s decision must be set aside as she acted irrationally by deciding to simply try me, hoping that during the trial incriminating evidence will emerge against me.”These are the words of British billionaire and murder accused Harvey Boutler in a statement in his case against Prosecutor-General Martha Imalwa, in which he seeks to challenge her decision to try him on murder and other charges.

Boulter claimed that there is no reason for his prosecution because there is no evidence that he shot his farmworker Gerhard van Wyk intentionally on 27 February 2021.

According to him, the shot went off in the middle of a fight when Van Wyk tried to take his 9mm pistol from him.

Boulter further claimed that the shot first went through his own left hand before it hit Van Wyk.

“While no allegations are made that I intentionally seriously injured myself, it is alleged that I intentionally killed Van Wyk when he was hit by a bullet that first passed through my left palm and seriously injured me.”

Boutler further argued that Imalwa was unreasonable in charging him with murder because she made her decision without the investigation determining whether he was the one who fired the shot and whether it was intentional.

‘Careless acts’

Boulter also referred in his statement to the content of the dossier, which indicates that Van Wyk’s family drove the deceased to the Outjo clinic, which is believed to be located about 200 kilometres from the farm, while the Kamanjab state hospital is closer. The family allegedly did not call an ambulance or paramedic from Kamanjab, which is 35km from the farm.

“These careless acts could also have unnecessarily caused Van Wyk’s loss of life.”

The parties appeared before Judge Herman Oosthuizen in the High Court in Windhoek yesterday. Imalwa has already given notice of her intention to oppose the case, but has yet to submit a statement.

What happened?

Boutler also explained that fateful day’s events in his statement.

He said the incident happened during a social event on his farm and that an exchange of words between him and Gerhard van Wyk Junior (son of the deceased) started around 19:30.

Van Wyk Senior apparently became involved in the exchange.

“I held the 9mm pistol almost horizontally across my chest and flat in front of my body in a defensive position while covering the front part of the barrel with my left hand. This, I knew, was a safer way to hold a firearm in a defensive position aimed at fending off an attacker. This physical posture and defensive manoeuvre naturally exposed me to an attack by Van Wyk Junior and Senior as both my hands were on the firearm.”

According to Boutler, his finger was not on the trigger at the time.

“Although I cannot remember the exact details, I do remember that Van Wyk Senior grabbed the pistol, during which a shot went off. To this day, I do not know exactly how and why the shot went off.”

Boutler added that he had no intention of killing any member of the Van Wyk family.

“It would be bizarre for me if I intended to kill Van Wyk Senior, with whom I had a long-standing, good relationship, and because he did not initiate the attack against me.”

The late Van Wyk’s wife, Alta, his son Gerhard, daughter-in-law Liani and daughter Michelle filed a civil case against Boulter after the incident, in which they demand compensation.