Valombola not a danger to public safety - magistrate

Commissioner for refugees Likius Valombola has been released on N$15 000 bail by the Windhoek Magistrate's Court following his re-arrest for allegedly shooting and killing a youth leader in an apparent road rage incident.

Valombola, the state had argued this week, is a flight risk and may abscond if granted bail.

However, Magistrate Antonious Shapumba ruled yesterday that Valombola be released, adding there no evidence to sway the court to believe he is a violent person or that he is danger to public safety.

According to the magistrate the accused denied being the aggressor during the incident.

“The accused has the right to liberty and his continued custody prejudices that right,” Shapumba said.

Turning to the evidence of the police, the magistrate said for most of the part, it is “unreliable and contradictory”.

Valombola is alleged to have shot 27-year-old Helao Ndjaba - a former Namibia National Students Organisation (Nanso) national executive committee member - on May 19 in Katutura.

The 53-year-old home affairs official was re-arrested in Opuwo on 23 May after he was suspiciously released on a warning a few hours after the shooting, allegedly without appearing before a magistrate.

Ndjaba was shot twice in the forehead.

Shapumba said the Ndjaba family had objected to bail and maintained the victim was a young entrepreneur, who owned a printing business.

He was the only breadwinner for his siblings.

However, the magistrate said the court considers the criminal history of the accused in any pending charges.

“The court also considers the likelihood of accused absconding, interference with the police investigation, interference with state witnesses and the likelihood of him committing schedule one offences,” Shapumba said.

He added although Valombola indicated he has relatives in America and Britain, there is no evidence he was or is in contact with them.

“There is no evidence he attempted or is planning to flee or to abscond from his trial and that he will abandon his family,” Shapumba said.

He said it is unlikely Valombola will interfere with the police investigation and that he will interfere with state witnesses, as well as endanger the safety of others.

Shapumba said although there was public interest shown in the matter, through a peaceful demonstration, and the interests of the administration of justice is sufficient to reject bail, there was no petition or memorandum provided to the court as evidence that the release of the accused will undermine those interests.

According to Valombola, an argument started when Ndjaba and others in a Toyota Corolla blocked the road in Katutura through which his vehicle was supposed to pass, which was driven by his son.

The boys in the Toyota Corolla approached Valombola's car, allegedly in an aggressive manner, and he claims to have fired shots into the air.

When he was asked why he did not report the incident to the police he allegedly said: “I was not aware that any of my shots struck someone. I had no intention to shoot and kill anybody.

Ndjaba died on Monday after spending days on life support at the Katutura hospital intensive care unit (ICU).

There has been a massive public outcry in the aftermath of the incident, with members of the public accusing the police of favouritism towards Valombola.

Sisa Namandje represented Valombola, Arrie Husselman was the prosecutor, while Ruth Herunga represented Ndjaba's family.

FRED GOEIEMAN