Hit-and-run accused gets bail 0 On Friday, bail was granted to Lesley Simwanza one month after his arrest following a hit-and-run during which Junias Smith (23) was killed. Simwanza is charged with his death.Magistrate Alweendo Sebby Venatius set a bail at N$10 000 and warned Simwanza to adhere to a number of bail conditions after his release on Friday.
Simwanza, who is celebrating his 27th birthday today, was ordered to report to the police’s serious crime unit twice a week on Mondays and Fridays, between the hours of 16:00 and 19:00.
He was further ordered not to leave the Windhoek municipal area without prior arrangement and written permission from the investigating officer of the case or the unit commander.
Venatius warned Simwanza not to interfere with State witnesses or the police investigation, directly or indirectly.
The case was postponed to 28 November this year for further investigation.
During the judgement, Venatius said the court had to take into account the public interest surrounding the case, including a petition handed over last month asking that bail be denied.
Venatius said the accused had been involved in an accident during which someone died and that Simwanza never stopped to ascertain the injuries of Smith. He fled the scene and failed to report the incident.
“He might have saved a life,” the magistrate said.
Nevertheless, Venatius said that considering the arguments of the public prosecutor and Simwanza’s attorney, “the court is not convinced” that Simwanza poses a flight risk, due to his close family ties among other reasons.
On Friday the court was packed with family and friends of both Simwanza and Smith, each side eager to hear the court’s decision.
Nevertheless, despite the State establishing a strong case against the accused the judge cautioned that Simwanza “remains presumed innocent until found guilty”.
He added that Simwanza’s actions of that night “should not be equated” with the likelihood that he would not stand trial.
The magistrate pointed out that while the accused had fled the scene and failed to tell anyone about the incident he “remained in the area where the offence was committed”.
Furthermore, in response to the state’s argument that the accused would interfere with state witnesses or the investigation there was no evidence “that he attempted to do this”.
Simwanza faces charges of culpable homicide, defeating the course of justice, failure to ascertain injuries at the scene of an accident, failure to stop at the scene of an accident and reckless and negligent driving.
Public prosecutor Ivann Tjizu appeared on behalf of the state while Simwanza was represented by Chris Mayumbelo.
JANA-MARI SMITH