Police ‘trapped’ hit-and-run accusedOn the second day of hit-and-run suspect Lesley Simwanza’s bid to be released on bail, an investigating officer has credited the police for solid work that led to his arrest.
While the accused faced his 16th day behind bars, friends, family and members of the public on Monday handed over a petition, urging the court not to grant him bail.
Containing 162 signatures, the petition urged the courts to “set an example” with Simwanza’s case. The petition questioned whether justice would be served if he was released on N$5 000 bail, the amount Simwanza says he is able to afford.
Sergeant Kasjaan Kayanga, the chief investigating officer in the case, told the court that in his view the “accused would not have availed himself to the police”, had they not set a trap to arrest him four days after the incident.
He explained that a tip-off from a police informant notified the investigating team about Simwanza’s alleged attempts to buy parts to repair his battered red BMW that is alleged to have killed Junias Smith (23) on 26 August 2016.
Posing as a potential car parts seller, the police claim that they lured Simwanza to his house where he was placed under arrest.
Kayanga said had Simwanza managed to repair the car before police traced him, lack of sufficient evidence could have prevented an arrest.
Simwanza last week disputed this version, claiming that he had willingly surrendered after police contacted him at work and asked him whether he knew what the call was about.
Kayanga testified that in his opinion, the accused posed a substantial flight risk as well as posing a threat by tampering with state witnesses, three of whom are close family members of the accused.
The fact that Simwanza failed to stop at the scene and report the crime “gives an indication … and in light of the possible sentence, that he will definitely try to abscond,” he further argued.
Simwanza last week blamed shock and confusion on his decision to flee and said he had decided to ask his parents for advice once they returned to Windhoek. He was arrested before their return, he said.
“I do not believe that he was in shock,” Kayanga said. “In my experience, I believe he fled because he was avoiding arrest while being under the influence of alcohol.”
Simwanza’s legal counsel, attorney Chris Mayumbelo was at pains to point out to the court that his client did not pose a flight risk, arguing that his client had responsibilities to look after his four-month-old son and other dependent family members. He also risked losing his job, he further argued.
Mayumbelo accused the police of deliberately delaying interviewing Simwanza’s family members, in order to boost their bid for the court to deny bail.
He said it “conveniently happens that the outstanding statements are from people related to the accused”, prodding Kayanga several times to set an urgent date to interview these witnesses.
He further argued that despite the state’s submission that the accused remain behind bars in lieu of public outrage, “bail is not a form of punishment”.
He explained that the bail hearing is not the stage for “determining [the] guilt or innocence of the accused” but rather to determine whether the accused will appear for the trial if bail is granted. If the likelihood is high, then granting bail is in the interest of justice.
He further said it is “not correct” to equate the amount of bail to be paid to the value of the life of the deceased. He was referring to the public petition, in which the signatories said the proposed bail amount did not serve justice in light of the value of the life lost.
He argued the “public does not know the facts. They are expressing opinions.”
He dismissed Kayanga’s belief that the accused could have been under the influence when he crashed into Smith saying the circumstances in which the accident happened remain unclear.
“So we can’t just say it is a serious offence, because we still need to determine how blameworthy the accused was,” he told the court.
Final arguments will be heard on Friday at the Windhoek Magistrate’s Court.
JANA-MARI SMITH