Obrein Simasiku
The fight for bail in the China Town protest rages on in the Katutura Magistrate’s Court with defence lawyers set to make final submissions tomorrow afternoon.
The matter was postponed today following cross examinations of both accused and the state witness, who happens to be the police investigator, warrant officer Nakanyala, who is objecting to the granting of bail,
The matter involves Namibia Economic Freedom Fighter (NEFF) commissar for economic development Michael Amushelelo, who was arrested on Friday morning after handing himself over to the Police, while his co-accused Affirmative Repositioning Movement (AR) activist Dimbulukeni Nauyoma was apprehended hours later on the same day after an ugly standoff with the police.
The duo was arrested together with six others, who were released on warning. The accused have been in police custody since Friday, as the state opposes bail citing the seriousness of their alleged transgressions. They are charged for inciting public violence and assault through threatening among others.
During the cross examination, Amushelelo noted that he has a wife and a six-year-old daughter who solely depend on him. In addition, he argued that he has cash investments amounting to N$15 million as well as land to the value of N$5 million and therefore is not a flight risk.
Amushelelo offered to pay bail of N$1000. Meanwhile, Nauyoma argued that he is an activist by birth, and that it was necessary for him to be released on bail so that he can continue with his activism which fights for injustices.
In addition, he said, the protest during which he was arrested was a peaceful one and saw no need why the police had to use teargas and fire rubber bullets to disburse the demonstrators. He offered to pay bail of N$500.
During the cross examination, state witness Nakanyala struggled through the questioning process led by both accused defence lawyers Matha Nambili and Kadhila Amoomo, who both wanted to understand the weight of the reasons provided for opposing bail.
Nakanyala relied heavily on the reasons of “it’s not in the interest of the public and administration of justice as well as the seriousness of the case”, to which the defence lawyers argued that, there is no difference in charges of those who were released on warning and that of the two accused.
Also, they wanted to know what the investigator meant by seriousness to which he failed to answer. The matter is being presided over by Magistrate Kwizi Masule, while Arrie Hussleman is the state prosecutor.
