Boulter appeals bail refusal

05 July 2021 | Justice

ELLANIE SMIT

WINDHOEK

British billionaire Harvey Boulter, who is on trial for the murder of his farm manager Gerhard van Wyk, has approached the Windhoek High Court to appeal a ruling in which he was denied bail.

He has indicated that he is willing to pay N$200 000 for bail. An appeal hearing has been set for 13 July.

Yet to spend a single night behind bars since the shooting incident in February, Boulter’s bail application was rejected on 11 May by Magistrate Immanuel Udjombala in the Outjo Magistrate's Court. At the time, Udjombala ordered that he be detained at the Kamanjab police station until his next court appearance on 30 June.

Last week, Boulter made a brief court appearance and his case was postponed to 20 September. He was remanded in custody. However, police commander of the Khomas Region, Commissioner Ismael Basson, told Namibian Sun over the weekend that Boulter was still at the Paramount Health Centre in Windhoek.

After being solitary confinement at the Safari Hotel in Windhoek after contracting Covid-19, he was transferred to Paramount on the recommendation of a doctor.

The appeal will be heard by Judge Claudia Claasen.

Mistaken findings

According to Boulter’s head of argument, Udjombala made several mistaken findings that materially influenced his ultimate exercise of his discretion to refuse bail.

It further said material facts in support of Boulter’s bail application were given no consideration by the court.

Boulter argued that this includes the fact he has, over the last three or four years, spent 85% of his time in Namibia.

He also claimed that he is usually required to spend 12 to 14 hours on his phone per day to run his various business operations all over the world, and said this would not be possible while he is in custody.

It was also pointed out that Boulter was the one who asked for the police to be called after the incident.

Boulter will be represented by Kadhila Amoomo. The State said it will oppose the appeal.