Samuel Shinedima
JUDGE Christie Liebenberg of the High Court of Namibia has this morning granted bail to NEFF’s Commissar for Economic Development, Michael Amushelelo and AR Activist Dimbulukweni Nauyoma in the amount of N$5 000 each, with conditions.
This comes after the two accused persons made an appeal to a decision of Magistrate Masule Kwizi, who denied them bail on 24 May on the grounds that the two are at risk of re-offending if released on bail.
Magistrate Masule Kwizi argued that Amushelelo and Nauyoma were already out on bail, when they incited public violence at a protest against counterfeit goods at the China Town shopping complex, where Amushelelo ordered Chinese-owned shops to close down and threatened to burn these shops.
In his Judgment, Judge Liebenberg stated that the release of the other six accused persons on warning by the police, who faced the same charges as the two applicants, diminished the seriousness of the case, adding that the Magistrates Court misdirected itself in refusing bail to the two accused persons.
“In the exercise of its discretion to grant or refuse bail, the court does, in principles, only address one embracing issue: Will the interest of justice be prejudiced if the accused is granted bail? And in this context, it must be bared in mind that if the accused is refused bail, where he will stand his trial, the interest of justice is also prejudiced,” he said.
Judge Liebenberg added that when applying the principles of the interest of justice, to which the main concern is whether or not the accused person will stand his trial, he is satisfied that the concern of either the accused person absconding or interfering with the state witnesses or police investigations, did not arise in the bail application.
He disregarded the concern by the State on the likelihood that the accused persons could commit further offences, adding that evidence produced did not establish that a real likelihood exists that the accused persons will re-offend when out on bail.
Judge Liebenberg also stated that in deciding whether the release of the accused person will be prejudicial to the maintenance of law and order, and in particular towards certain members of society, he is convinced that any future conduct by the accused persons being prejudicial to the maintenance of law and order or public interest could be curtailed by appropriate bail conditions.
He concluded that the interest of justice does not require the continuous detention of the accused, pending the finalization of their case, where he stated that the lower court’s decision in refusing bail in this case is found to be wrong.
He granted the accused persons bail in the amount of N$5 000,00, with conditions that they shall not mobilize or involve themselves in any unlawful public gathering, and that they are prohibited from entering a radius of 1km in the China Town area.
