Roland Routh
Advocate Ed Marondedze yesterday informed Windhoek High Court Acting Judge Kobus Miller that another two Fishrot accused are challenging his decision not to recuse himself from the trial in the Supreme Court.
Marondedze said he was informed by Florian Beukes, who is representing former minister of fisheries Bernhardt Esau and his son-in-law Tamson Hatuikulipi, that they have petitioned Chief Justice Peter Shivute to review the decision by Appeal judges Theo Frank, Jeremiah Shongwe and Kanalelo Mosito not to grant Ricardo Gustavo an appeal hearing against Judge Miller’s refusal to grant leave to appeal to the Supreme Court.
Judge Miller refused to grant Gustavo leave to appeal and he filed a petition to the Supreme Court which was denied.
The lawyers representing the Fishrot accused also informed the judge that they intend to lodge an application in terms of the Prevention of Organised Crime Act that their legal fees should be paid from the restraint assets of their clients.
According to Trevor Brockerhoff, it would be suicidal for any law firm to take on a trial of the magnitude of the Fishrot trial without financial security. He further said that he and the other lawyers representing the Fishrot accused had a meeting with the prosecutor general, where they expressed their concerns about their outstanding legal fees.
They are currently embroiled in a court battle with the PG about their clients’ assets. The PG wants the assets which form part of a restraint order to be declared forfeited to the State while the accused are fighting tooth and nail against it. Judge Orben Sibeya will deliver his ruling on the forfeiture application on 17 May.
Judge Miller postponed the matter to 14 August for a status hearing on the two applications and remanded the accused in custody.
Gustavo, Esau, former minister of justice Sackey Shanghala, James Hatuikulipi, Tamson Hatuikulipi, Pius Mwatelulo, Nigel van Wyk, Otneel Shuudifonya and Phillipus Mwapopi are charged with corruptly receiving payments of at least N$103.6 million to give a competitive advantage to Icelandic fishing company Samherji in securing access to horse mackerel quotas in Namibia.
They are facing more than 40 counts comprising racketeering, contravening the Anti-Corruption Act, conspiracy, corruptly using an office to receive gratification, fraud, theft and money laundering, as well as defeating or obstructing the course of justice. Also on the list of people to be added to the charges is lawyer Marén de Klerk, who is charged as a representative of Celax Investments, which was allegedly used as the conduit to funnel millions of dollars from Fishcor to the bank accounts of the accused.
The State is yet to extradite De Klerk from South Africa, as well as Icelandic nationals Egill Helgi Arnason, Ingvar Juliusson and Helgason Adelsteinn.