Murder accused waits for bail appeal ruling
Kai Rust, 43, the alleged killer of a suspected poacher, will hear a ruling in his appeal against bail refusal on 27 June.
Rust lodged an application for appeal after Magistrate Masule Kwizi in February this year dismissed his bail application.
Rust has been in custody since 26 January. He faces a charge of murder, three counts of attempted murder, and counts of illegal possession of a firearm and ammunition.
He had allegedly spotted four suspected poachers skinning a kudu they had just killed on the farm Otukaruno about 25km from Okahandja along the Hochfeld road.
Rust allegedly fired four shots from a hunting rifle in the direction of the suspected poachers, and one of them, Andreas Ukandanga, was hit in the back and died on the spot. A hunting dog was also shot and killed in the process.
A half-skinned kudu, four snares, a panga, a knife and one bag of maize meal were found at the scene.
Kwizi stated that there was a risk that Rust would jump bail because he had not told the court that he has a sister in Germany until that fact was put to him by the prosecutor.
Other reasons for refusing bail were that he might interfere with State witnesses or might commit suicide.
It was also said that the court did not know the motive for the killing and that Rust had not answered to serious incriminating evidence.
Prosecutor Jacky ?Eixab said the defence’s allegation of racism on the part of the authorities in refusing bail was unfounded.
According to him the incriminating evidence presented by the State was not disputed and the basis of Rust’s defence was not disclosed during the bail hearing.
“Accused was not an excellent witness. He was evasive and selective in his answers and for that he was not a credible witness,” ?Eixab said.
He further said the fact that Rust suspected the deceased to be an poacher did not really gave him the right to shoot.
Defence attorney Jan Wessels argued that there were no incriminating or other important facts in the statements against Rust.
He emphasised that there was no damning evidence implicating his client.
“The appellant is the perfect example of a person to be committed to bail in the circumstances,” Wessels argued.
FRED GOEIEMAN
Rust lodged an application for appeal after Magistrate Masule Kwizi in February this year dismissed his bail application.
Rust has been in custody since 26 January. He faces a charge of murder, three counts of attempted murder, and counts of illegal possession of a firearm and ammunition.
He had allegedly spotted four suspected poachers skinning a kudu they had just killed on the farm Otukaruno about 25km from Okahandja along the Hochfeld road.
Rust allegedly fired four shots from a hunting rifle in the direction of the suspected poachers, and one of them, Andreas Ukandanga, was hit in the back and died on the spot. A hunting dog was also shot and killed in the process.
A half-skinned kudu, four snares, a panga, a knife and one bag of maize meal were found at the scene.
Kwizi stated that there was a risk that Rust would jump bail because he had not told the court that he has a sister in Germany until that fact was put to him by the prosecutor.
Other reasons for refusing bail were that he might interfere with State witnesses or might commit suicide.
It was also said that the court did not know the motive for the killing and that Rust had not answered to serious incriminating evidence.
Prosecutor Jacky ?Eixab said the defence’s allegation of racism on the part of the authorities in refusing bail was unfounded.
According to him the incriminating evidence presented by the State was not disputed and the basis of Rust’s defence was not disclosed during the bail hearing.
“Accused was not an excellent witness. He was evasive and selective in his answers and for that he was not a credible witness,” ?Eixab said.
He further said the fact that Rust suspected the deceased to be an poacher did not really gave him the right to shoot.
Defence attorney Jan Wessels argued that there were no incriminating or other important facts in the statements against Rust.
He emphasised that there was no damning evidence implicating his client.
“The appellant is the perfect example of a person to be committed to bail in the circumstances,” Wessels argued.
FRED GOEIEMAN
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