The appellant was arrested on charges of 1. Robbery with aggravating circumstances, 2. Possession of a firearm without a licence and 3. Possession of a dangerous weapon.
 The appellant brought a second bail application in the Regional court, Oshakati on what they construed as new facts. The alleged new fact is the long time the appellant spent in custody since his arrest.
 The record of the first bail application was not available when this second bail application was adjudicated. It is by now trite that when an application for bail is brought on new facts, the courts approach is to consider whether there are new facts against the background of old facts.
 It means that the new application should not be a mere extension of the initial one. It must be established if indeed there are new facts warranting the granting of the bail application.
 The magistrate considered the fact that the record of the initial application was not available. He however entertained the second bail application without ensuring to determine if the second bail application was indeed based on new facts. In my view this was a misdirection.
 The record of the initial first application is likewise not before this court to determine if indeed the second application was based on new facts.