Supreme Court dismisses British farm owner Boulter’s appeal over shooting

The Supreme Court has dismissed an appeal through which British farm owner Harvey Boulter attempted to avoid prosecution over a fatal shooting incident in which he was involved in February 2021.

Boulter’s appeal against a High Court judgement, in which he asked the court to review and set aside prosecutor general Martha Imalwa’s decision to prosecute him, was dismissed by three judges of the Supreme Court on Monday.

The prosecutor general decided in 2022 to prosecute Boulter (55) in the Windhoek High Court on counts of murder, possession of a firearm and ammunition without a licence, and handling a firearm while under the influence of alcohol.

The charges emanate from a shooting incident at Boulter’s farm north-east of Kamanjab in the Outjo district during the evening of 27 February 2021.

The shooting claimed the life of farm manager Gerhard van Wyk (54), who was employed by Boulter.

According to Boulter, the shot that struck Van Wyk went off when Van Wyk tried to grab a firearm from Boulter while the two of them were involved in a scuffle.

Boulter’s criminal case has been on hold in the High Court since March 2023, when he filed an application to review the prosecutor general’s decision to prosecute him.

In his application, Boulter claimed there was no evidence on which the prosecutor general could have found that there was “reasonable and probable cause” to prosecute him on a charge of murder.

Boulter has to make a next pretrial appearance in the High Court on 19 November.

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