Ex-cop denied bail
The High Court has ruled it will not be in the interests of the administration of justice to grant bail to a former cop, who is on trial for allegedly murdering his sons.
The Windhoek High Court yesterday refused bail to a former police constable on trial for the brutal murder of his two sons in 2014.
Albertus !Ganeb, who has been in police custody since his arrest in April 2014, is on trial for allegedly stabbing his sons to death at Gobabis.
The 35-year-old was fighting to be released on bail due to alleged prolonged detention, when his formal bail application was dismissed in a judgement handed down by Judge Dinah Uusiku.
“The accused cannot be released on bail because it would not be in the interests of the administration of justice to grant him bail at the moment while his alleged murder trial is still ongoing before court,” the judge said.
Meanwhile, !Ganeb informed the court that he will lodge an urgent appeal against the dismissal of his application for bail.
In the failed bail attempt, !Ganeb told the court his constitutional rights were being infringed upon and violated and he felt it was time for the court to grant him bail and release him from police custody, because he has been in custody for too long awaiting finalisation of the trial.
!Ganeb also wanted the bail to raise the needed funds to acquire private legal representation for his appeal case to the Supreme Court against Judge Usiku, for her refusal to recuse herself from presiding over his double-murder trial.
Prosecutor Palmer Khumalo strongly opposed the granting of bail on the grounds that !Ganeb lodged the formal bail application while the trial is almost complete and the probability of him absconding is high at this stage.
Khumalo said it would also not be in the interest of the administration of justice to release the accused police officer on bail when the State has already closed its case.
!Ganeb remains in police custody at the Windhoek Central Correctional Facility until 21 August 2018, pending the continuation of the trial.
In addition, !Ganeb suffered a first heavy blow on 05 April 2018 when his attempt to have Judge Uusiku removed from his trial was dismissed in a ruling handed down by the same judge.
The former police constable felt he is not receiving a fair trial with Judge Usiku on the bench.
!Ganeb claimed the judge was protecting the interests of the prosecution by not allowing his former defence lawyer, Boris Isaacks, to properly cross-examine and re-examine a number of State witnesses.
However, Khumalo argued that Usiku disallowing questions which were posed repeatedly by the lawyer could not be regarded as interference.
!Ganeb allegedly stabbed his sons after he saw a text message from another man on the mobile phone of the children's mother, Romily Swartz.
NAMPA
Albertus !Ganeb, who has been in police custody since his arrest in April 2014, is on trial for allegedly stabbing his sons to death at Gobabis.
The 35-year-old was fighting to be released on bail due to alleged prolonged detention, when his formal bail application was dismissed in a judgement handed down by Judge Dinah Uusiku.
“The accused cannot be released on bail because it would not be in the interests of the administration of justice to grant him bail at the moment while his alleged murder trial is still ongoing before court,” the judge said.
Meanwhile, !Ganeb informed the court that he will lodge an urgent appeal against the dismissal of his application for bail.
In the failed bail attempt, !Ganeb told the court his constitutional rights were being infringed upon and violated and he felt it was time for the court to grant him bail and release him from police custody, because he has been in custody for too long awaiting finalisation of the trial.
!Ganeb also wanted the bail to raise the needed funds to acquire private legal representation for his appeal case to the Supreme Court against Judge Usiku, for her refusal to recuse herself from presiding over his double-murder trial.
Prosecutor Palmer Khumalo strongly opposed the granting of bail on the grounds that !Ganeb lodged the formal bail application while the trial is almost complete and the probability of him absconding is high at this stage.
Khumalo said it would also not be in the interest of the administration of justice to release the accused police officer on bail when the State has already closed its case.
!Ganeb remains in police custody at the Windhoek Central Correctional Facility until 21 August 2018, pending the continuation of the trial.
In addition, !Ganeb suffered a first heavy blow on 05 April 2018 when his attempt to have Judge Uusiku removed from his trial was dismissed in a ruling handed down by the same judge.
The former police constable felt he is not receiving a fair trial with Judge Usiku on the bench.
!Ganeb claimed the judge was protecting the interests of the prosecution by not allowing his former defence lawyer, Boris Isaacks, to properly cross-examine and re-examine a number of State witnesses.
However, Khumalo argued that Usiku disallowing questions which were posed repeatedly by the lawyer could not be regarded as interference.
!Ganeb allegedly stabbed his sons after he saw a text message from another man on the mobile phone of the children's mother, Romily Swartz.
NAMPA
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