Family protest at court against bail

THE family of a woman who was killed last year in Windhoek by a man she had met at a bar, demonstrated against granting him bail at the Windhoek Magistrate’s Court in Katutura yesterday.

Cathy Gatonye (40) née Haipare was allegedly stabbed several times by Elwen Gawaxab after an argument at a bar in Khomasdal in August.

Police spokesperson inspector Slogan Matheus said Gawaxab approached Gatonye and her friends on the day as they were sitting in the bar and offered to buy them drinks.

Gawaxab, Matheus said, requested to be driven to an ATM to withdraw more money so that they could buy more beer and the women obliged.

Matheus said they drove to the ATM at Gammams Service Station where Gawaxab withdrew money and then the group drove back to the bar.

Once at the bar, Matheus said, an argument erupted between the women and Gawaxab who then stabbed Gatonye with a broken bottle before he fled from the scene. Gatonye died two days later from the stab wounds and Gawaxab surrendered to the police eight days later. A family member who spoke to The Namibian on condition of anonymity said after Gawaxab turned himself in, he appeared in court for the first time on 31 August 2015.

“The case was postponed to 19 November 2015. He was denied bail at that stage after the magistrate cited the seriousness of the crime for not releasing him. However, to our disappointment and dismay, Gawaxab was later granted bail and came to court late and slightly intoxicated. Nothing was communicated to us and we also understand that there was no formal bail hearing and that the investigating officer was interviewed telephonically to ascertain if bail could be granted,” the family source said.

Gawaxab’s lawyer, Tommy Andima yesterday said there were no grounds to deny his client bail.

“I wrote a letter to the prosecution, and after consideration, bail was granted. There is a presumption of innocence until proven guilty and each case has its own merit.

What also helped my client to get bail was the fact that he handed himself over to the police. Besides he acted in self-defence from what we gathered. If you follow this case till the end, certain things will unfold that will prove that he acted in self-defence. That is all I am prepared to say at this stage,” Andima said.

State prosecutor Muriel van Zyl said Gawaxab was given bail with conditions and these were read to him for the first time before magistrate Desiree Kamboa.

Gawaxab is not allowed to leave the district of Windhoek without proper consultation with the investigator on the case and must not make any contact with state witnesses.

He will also report twice a week to Katutura Police Station – on Mondays between 7h00 and 10h00 and on Fridays between 19h00 and 21h00.

In addition, Gawaxab was ordered to surrender all his travelling documents to the police and should not apply for new ones.

Family members were confused when the bail conditions were read to the accused.

“This is really confusing because when you are given bail, should the conditions not be explained to you? Why now after three months? All this is frustrating the family after the gruesome manner our sister, mother and daughter was killed,” the family source said.

Gatonye’s family also wrote to the deputy prosecuter general requesting Gawaxab’s bail withdrawal allegedly because Gawaxab is not complying with the bail conditions and that he is a flight risk.

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