Man convicted of killing child gets bail
Appealed conviction and sentencing
On the day of the incident, there were many children along the road when one of them ran over, decided to turn around and then slipped and fell, causing Pieter Jacobus Booysen to run over the child with his car, he said.
A man who was found guilty on 17 March on a charge of culpable homicide after he caused the death of a child was granted bail on Monday.
The State claimed Pieter Jacobus Booysen drove too fast when ran over a child, killing them in the process.
According to Booysen, on the day of the incident in September 2017, there were many children along the road when one of them ran over, decided to turn around and then slipped and fell, after which he ran over the child.
During his trial, Booysen maintained that he drove carefully and was on the lookout for pedestrians. He further claimed that the child did not use a nearby pedestrian crossing and tried to cross the road at the wrong place.
He maintained that the accident was not his fault.
Three years’ imprisonment
On 18 March, Booysen was sentenced to three years in prison, of which one year was suspended.
On 22 March, he appealed the conviction and sentence and on 27 March, his application for bail – pending the appeal – was denied.
Three days later, he filed an appeal in the Windhoek High Court against the refusal of bail, which was granted this week.
N$10 000 bail
Judges Herman January and Naomi Shivute granted bail of N$10 000. The bail conditions are that Booysen must surrender his travel documents, report to a police station in Keetmanshoop once a week and notify the investigating officer before he leaves the southern town for any reason.
The basis of Booysen's bail application is that he has a reasonable prospect of success in his appeal against his conviction and sentencing, and that he will not flee.
"The lower court made a mistake by deciding that the applicant has no prospect of success in his appeal application. I am of the opinion that another court can come to a different decision," Booysen claimed in court documents.
The High Court's ruling was in contrast to that of the Keetmanshoop Magistrate's Court.
“It is clear from other cases that the discretion to grant bail depends on the prospects of the appeal. Bail must be refused in cases where there is no chance of a successful appeal application.
"Bail was granted to avoid unnecessary pressure on the applicant and to prevent him from serving his entire sentence, which could potentially be overturned on appeal," the ruling read.
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The State claimed Pieter Jacobus Booysen drove too fast when ran over a child, killing them in the process.
According to Booysen, on the day of the incident in September 2017, there were many children along the road when one of them ran over, decided to turn around and then slipped and fell, after which he ran over the child.
During his trial, Booysen maintained that he drove carefully and was on the lookout for pedestrians. He further claimed that the child did not use a nearby pedestrian crossing and tried to cross the road at the wrong place.
He maintained that the accident was not his fault.
Three years’ imprisonment
On 18 March, Booysen was sentenced to three years in prison, of which one year was suspended.
On 22 March, he appealed the conviction and sentence and on 27 March, his application for bail – pending the appeal – was denied.
Three days later, he filed an appeal in the Windhoek High Court against the refusal of bail, which was granted this week.
N$10 000 bail
Judges Herman January and Naomi Shivute granted bail of N$10 000. The bail conditions are that Booysen must surrender his travel documents, report to a police station in Keetmanshoop once a week and notify the investigating officer before he leaves the southern town for any reason.
The basis of Booysen's bail application is that he has a reasonable prospect of success in his appeal against his conviction and sentencing, and that he will not flee.
"The lower court made a mistake by deciding that the applicant has no prospect of success in his appeal application. I am of the opinion that another court can come to a different decision," Booysen claimed in court documents.
The High Court's ruling was in contrast to that of the Keetmanshoop Magistrate's Court.
“It is clear from other cases that the discretion to grant bail depends on the prospects of the appeal. Bail must be refused in cases where there is no chance of a successful appeal application.
"Bail was granted to avoid unnecessary pressure on the applicant and to prevent him from serving his entire sentence, which could potentially be overturned on appeal," the ruling read.
–[email protected]
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