Former magistrate Mostert remains behind bars
Former magistrate Walter ‘Rooies’ Mostert will spend another Christmas behind bars after his appeal against the denial of his bail application was dismissed yesterday.
Mostert faces 12 charges related to fraud, extortion and theft, and his initial bail application in the Windhoek Regional Court was rejected in May this year.
He then approached the High Court to challenge this decision, arguing that the magistrate involved had misinterpreted the evidence and made a legal error in ruling that the State had a strong case against him.
Flight risk
Mostert further argued that he is not a flight risk, despite having previously been considered a fugitive from justice and allegedly escaping again after his arrest.
However, he claimed that he decided to return to Namibia once he found out that an extradition procedure was underway against him.
He also argued that the court did not warn him against self-incrimination when he testified about his escape from custody during his bail application.
"It is ironic that the appellant [Mostert] now wants to place the blame on the magistrate for not reminding him not to incriminate himself when he spoke about how he escaped from custody.
"What the appellant does not mention is that he voluntarily provided testimony on that aspect through his lawyer as part of his main testimony," the court ruling delivered last week reads.
Judge Claudia Claasen referred in her ruling to the State's argument that Mostert was a fugitive from justice – something that, according to her, cannot be ignored.
"It not only disadvantaged his co-accused but also the administration of justice. The same applies to the claims that one of the witnesses was threatened," the ruling states.
Strong case
Claasen further found that the State does indeed have a strong prima facie case against Mostert.
"The catalogue of crimes allegedly committed by the appellant is serious in nature, and many of them would carry heavy sentences," she said in the ruling.
She concluded that it would not be in the interest of justice to grant Mostert bail and, accordingly, dismissed the appeal application.
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Mostert faces 12 charges related to fraud, extortion and theft, and his initial bail application in the Windhoek Regional Court was rejected in May this year.
He then approached the High Court to challenge this decision, arguing that the magistrate involved had misinterpreted the evidence and made a legal error in ruling that the State had a strong case against him.
Flight risk
Mostert further argued that he is not a flight risk, despite having previously been considered a fugitive from justice and allegedly escaping again after his arrest.
However, he claimed that he decided to return to Namibia once he found out that an extradition procedure was underway against him.
He also argued that the court did not warn him against self-incrimination when he testified about his escape from custody during his bail application.
"It is ironic that the appellant [Mostert] now wants to place the blame on the magistrate for not reminding him not to incriminate himself when he spoke about how he escaped from custody.
"What the appellant does not mention is that he voluntarily provided testimony on that aspect through his lawyer as part of his main testimony," the court ruling delivered last week reads.
Judge Claudia Claasen referred in her ruling to the State's argument that Mostert was a fugitive from justice – something that, according to her, cannot be ignored.
"It not only disadvantaged his co-accused but also the administration of justice. The same applies to the claims that one of the witnesses was threatened," the ruling states.
Strong case
Claasen further found that the State does indeed have a strong prima facie case against Mostert.
"The catalogue of crimes allegedly committed by the appellant is serious in nature, and many of them would carry heavy sentences," she said in the ruling.
She concluded that it would not be in the interest of justice to grant Mostert bail and, accordingly, dismissed the appeal application.
– [email protected]
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