By: Andrew Kathindi
Murder accused billionaire Harvey Boulter’s case was postponed to 25 April after the state failed to produce the prosecutor general’s decision on whether to prosecute him.
Following Boulter’s appearance at the Kamanjab magistrate court on Tuesday morning, magistrateImmanuel Udjombala further amended and relaxed Boulter’s bail conditions, allowing him to be outside Windhoek for up to three months.
According to the state prosecution, Vivian Ndana, the prosecutor general’s decision is still not available, and the matter has been returned with further instructions.
“The instructions are dated the 10 January 2022. The only thing outstanding is the lab results,” she said.
Udjombala ordered that Boulter should inform the investigating officer of how long he would be leaving the district of Windhoek should he do so. Upon his arrival back to the district of Windhoek, he shall then resume his bail condition.
The leave of absence from the district of Windhoek shall not exceed three months.
“Accused shall inform the Investigating officer regarding conditions C and G via the available mode of communication either email or correspondence via the legal practitioner to keep a proper record,” ordered Udjombala.
Previously, Boulter was ordered to reside at a fixed address in Windhoek by High Court Judge Claudia Claasen.
Boulter previously was also ordered to report himself to Windhoek police every Wednesday, and he was also not allowed to leave the Windhoek district without the permission of the investigating officer. Now he only needs to inform the officer.
He was also not allowed to apply for new travelling documents prior to wrapping up the case.
Boulter’s lawyer, Kadhila Amoomo, told The Villager that the prosecutor did not do their homework regarding the prosecutor general’s decision. “It was supposed to be available today.”
“As time goes on, the innocence of my client is finally emerging as indicated in the past. It is also now becoming apparent to the prosecutors and the presiding officers. That is why they no longer object to these relaxing bail conditions,” he told The Villager.
On the new bail conditions, the lawyer said, “They’re no longer as onerous as they were before.”
He said, in the beginning, there was a narrative that was being painted that Boulter is guilty of murder, which he says is not the case.
“The charges were simply exaggerated in the past.”
Quizzed on whether Boulter has received special treatment as has been claimed, including by inspector general of the Namibian police, Sebastian Ndeitunga, Amoomo said, “No, my client has not received special treatment. If he did, he would not have been in custody. The presiding officer denied him bail. I have represented many clients in this country, and Harvey Boulter is not the first to be in the hospital while in custody.”
Boulter spent months in a high-endParamount Hospital after the shooting for treatment on injuries to his hand.
“I have a problem because he is always admitted. He does not want to go to the cells. I’m even suspecting that some people are favouring him to be a permanent patient in the hospital. All suspects should go to the cells,” Ndeitunga is quoted as stating in one local e-papers.
Amoomo further said that the wife of Boulter’s deceased farm manager, Gerhard Van Wyk, who the billionaire allegedly shot and killed in a scuffle in February last year, has been demanding payment in the region of N$55 million in exchange to make the matter go away.
“What started off as a murder charge slowly became an opportunity to make money in so far as some witnesses are concerned.”
He said he had filed an extortion case in the Kamanjab police station, and the investigation is ongoing.
“We rejected the claim. We will not participate in an unlawful scheme. There are now parallel investigations against the widow [Alta Van Wyk] of the late Gerhard Van Wyk. She tried to be opportunistic in the bigger scheme of things.”
