Namibian Sun

Ester Kamati







OUTJO

After tendering a bail application last week, British national Harvey Boulter was on Tuesday informed that he would have to remain in police custody pending finalisation of his trial.

Boulter stands accused of the murder of Gerhard van Wyk and will remain in police custody after the court ruled that his release will not be in the interest of the administration of justice.

Magistrate Immanuel Udjombala ruled that evidence presented to the court shows that the State has a strong case against Boulter, adding that the applicant’s denial of guilt or silence to the charge shows a likelihood of State’s ability to prove their case.

Last week, Merina de Jagger represented Van Wyk’s family, testifying that they do not oppose Boulter’s bail application. Udjombala, however, stated that the State has its own stance.

Udjombala pointed out that Boulter in his statement omitted the fact that the firearm which was the subject of the incident was intended to only be used for demonstration purposes on the farm, adding that he rather shifted the focus “to indicate that it was given to him by junior [Van Wyk’s son]”.

‘Should have known better’

“As the owner/chairman of SX Arms and Ammunition, [the] applicant should have known better not to have a demonstration firearm on his person at a family braai,” he stated, alluding to Boulter’s description of the deceased as family.

He further stated that from the statement of the deceased’s wife, it shows that the accused had intention to pull out the weapon. In addition, witnesses have testified that Boulter was the initial aggressor, having attacked Van Wyk’s son, which prompted the deceased to interfere.

Boulter did not indicate how he intends to plead to the charges.

From the psychologist’s statement, the court has also deduced that treatment can be ongoing for an infinite amount of time and incarceration will not hinder the treatment of the accused - nor hinder his health.