British billionaire Harvey Boulter (53) is seeking to have the decision of Prosecutor General Martha Imalwa to prosecute him on murder and illegal possession of a firearm reviewed and set aside.
Last year in April, Imalwa decided to prosecute Boulter and have him stand trial on charges of murder, possession of a firearm and ammunition without a licence, and handling a firearm while under the influence of intoxicating liquor.
In the application, Boulter is seeking an order reviewing, correcting and setting aside the decision by Imalwa. Alternatively, Boulter wants the court to declare Imalwa’s decision as invalid and irrational. Imalwa is yet to file her answering affidavit.
In July last year, Boulter, who is accused of gunning down his farm manager Gerhard van Wyk petitioned Imalwa to reconsider her decision, a request Imalwa declined. His lawyer at the time, Kadhila Amoomo said Imalwa took the decision without having all the facts at hand.
According to Boulter’s affidavit, the Prosecutor General’s decision was unfair as the investigations were still on going.
“It is clear, from what has been happening since I was arraigned in the High Court and a number of postponements that took place, that the Prosecutor General made a decision prior to the finalisations of investigation. Making a decision in such circumstances is not only unreasonable and unfair, but it is in fact irrational. It is actually absurd for a decision on such a serious matter to be made while investigations are ongoing,” Boulter argued.
Boulter has been charged with the shooting of his South African employee , Van Wyk in the abdomen. The incident occurred in 2021. Van Wyk allegedly died on his way to the hospital. It is also alleged that the incident occurred after an altercation during a braai, held at Boulter’s farm in the vicinity of Outjo.
He is currently out on a N$ 500 000 bail.
Allegations are that Boulter had an altercation with Van Wyk’s son after he objected to a remark Boulter had made about his wife, prompting his father to come to his rescue.
Boulter has since indicated that he had no intention of killing Van Wyk, that the fatal shot went off during the scuffle.
The bullet that injured Van Wyk also struck Boulter in his left hand.
He has since pleaded not guilty to the charges.
“I hand no intention whatsoever to shoot and kill any of the Van Wyk family members. In fact, it would be bizarre and absurd for me to have intend to kill Van Wyk with whom I had a cordial and long-standing good relationship and who, in any event while he joined in the attack against me, did not start the attack on me,” Boulter said in his affidavit.
Judge Christie Liebenberg will preside.
During Boulter’s bail application, the deceased’s family pleaded that he be granted bail as they feared they would suffer financial loss if the accused is incarcerated. Boulter is said to be financially assisting the Van Wyk family and is paying Van Wyk’s daughter’s tuition fees.
Alta van Wyk, the deceased wife was allegedly embroiled in a controversial legal squabble, following claims that she requested N$55 million from Boulter through a South African law firm in July 2021, to change her witness statement.
It was reported at the time that the Namibian Police could possibly charge her with obstructing and defeating the course of justice and extortion.
A psychologist who testified during the bail application in favor of Boulter, Charine Glen-Spyron said in a sworn statement that whilst seated outside at the Kamanjab magistrate’s court, she overheard Alta telling her sister that the statement she gave investigating officers about Boulter pointing a firearm to Gerhard’s head was a lie.
The matter is scheduled for a hearing on 17 April 2023.