High Court upholds bail refusal in murder case
A Namibian soldier accused of killing his ex-girlfriend with a gunshot to the head in January 2018, will remain behind bars pending his trial after his appeal to overturn a magistrate's decision to refuse him bail was dismissed this week.
High Court Judge Petrus Unengu on Tuesday in his judgment stressed the seriousness of the crime Johannes Neuaka (40) stands accused of, saying “this court will be naïve not to take into account that cases of gender-based violence are serious in nature and are prevalent in Namibia.”
Neuaka faces a charge of murder read with the provisions of the Domestic Violence Act and was denied bail by Magistrate Agatha Brigitte Okamaru in October last year.
Namibian Sun in June reported Neuaka had filed 11 grounds of appeal in a notice filed at the High Court in March this year.
Unengu on Tuesday added that the public has a “significant interest that persons accused of committing such crimes stand their trial and do not abscond. In this regard, the public interest is a weighty consideration.”
The judge concluded there were no grounds to interfere with the ruling of Magistrate Okamaru and dismissed Neuaka's appeal.
Unengu also dismissed an argument that when Neuaka was granted bail during a previous criminal case he was embroiled in, in which he was accused of car theft, he stood trial and did not abscond.
The judge said a murder charge is “particularly more serious compared to that of theft”.
Life lost
Neuaka allegedly shot Shane Rittmann (25) in Damara location, Katutura on 21 January 2018 with a 9mm Makarov pistol. Their young son and her mother were reportedly nearby when Rittmann was shot.
Relatives testified last year that Rittmann and Neuaka's five-year relationship had ended shortly before the alleged murder and that the relationship had allegedly been marked by frequent acts of domestic violence.
Serious
In October Magistrate Okamaru based her refusal to grant bail on her conclusion that Neuaka's version of events to which he testified, was characterised by contradictions which had rendered his version less believable than the version of the state.
Neuaka pleaded not guilty to the murder charge, claiming the shooting had been accidental.
The magistrate said Neuaka failed to satisfy the court that he should be released on bail and said it would not be in the best interests of the administration of justice to release him on bail.
In his judgment, Unengu this week said that “the nature of the crime alleged to have been committed and the strength of the state's case are extremely relevant at the stage when bail is considered.”
He added that Neuaka faces a charge “which in no doubt, if found guilty, would attract a considerable heavy imprisonment sentence.”
The judge said it is the court of appeal's duty to take into account factors such as the seriousness of the offence faced by an appellant which could result in heavy prison sentences. “That fact would indeed tempt the appellant to abscond,” he said. “In my view, that onus was not discharged.”
Neuaka was represented by lawyer Mbanga Siyomunji, while advocate Erick Moyo appeared for the State.
JANA-MARI SMITH
High Court Judge Petrus Unengu on Tuesday in his judgment stressed the seriousness of the crime Johannes Neuaka (40) stands accused of, saying “this court will be naïve not to take into account that cases of gender-based violence are serious in nature and are prevalent in Namibia.”
Neuaka faces a charge of murder read with the provisions of the Domestic Violence Act and was denied bail by Magistrate Agatha Brigitte Okamaru in October last year.
Namibian Sun in June reported Neuaka had filed 11 grounds of appeal in a notice filed at the High Court in March this year.
Unengu on Tuesday added that the public has a “significant interest that persons accused of committing such crimes stand their trial and do not abscond. In this regard, the public interest is a weighty consideration.”
The judge concluded there were no grounds to interfere with the ruling of Magistrate Okamaru and dismissed Neuaka's appeal.
Unengu also dismissed an argument that when Neuaka was granted bail during a previous criminal case he was embroiled in, in which he was accused of car theft, he stood trial and did not abscond.
The judge said a murder charge is “particularly more serious compared to that of theft”.
Life lost
Neuaka allegedly shot Shane Rittmann (25) in Damara location, Katutura on 21 January 2018 with a 9mm Makarov pistol. Their young son and her mother were reportedly nearby when Rittmann was shot.
Relatives testified last year that Rittmann and Neuaka's five-year relationship had ended shortly before the alleged murder and that the relationship had allegedly been marked by frequent acts of domestic violence.
Serious
In October Magistrate Okamaru based her refusal to grant bail on her conclusion that Neuaka's version of events to which he testified, was characterised by contradictions which had rendered his version less believable than the version of the state.
Neuaka pleaded not guilty to the murder charge, claiming the shooting had been accidental.
The magistrate said Neuaka failed to satisfy the court that he should be released on bail and said it would not be in the best interests of the administration of justice to release him on bail.
In his judgment, Unengu this week said that “the nature of the crime alleged to have been committed and the strength of the state's case are extremely relevant at the stage when bail is considered.”
He added that Neuaka faces a charge “which in no doubt, if found guilty, would attract a considerable heavy imprisonment sentence.”
The judge said it is the court of appeal's duty to take into account factors such as the seriousness of the offence faced by an appellant which could result in heavy prison sentences. “That fact would indeed tempt the appellant to abscond,” he said. “In my view, that onus was not discharged.”
Neuaka was represented by lawyer Mbanga Siyomunji, while advocate Erick Moyo appeared for the State.
JANA-MARI SMITH
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