Towards the end of his testimony on Friday, Tamson ‘Fitty’ Hatuikulipi, one of the key figures in the Fishrot scandal, broke down and cried when he told the court he hasn’t seen his children in more than two years.
“Prison is not a conducive environment for children to see their parents in, my Lord,” he said when his legal representative Florian Beukes asked him to explain why he feel it would be in the interest of society for him to be released on bail. “It is a crushing environment and I don’t want to expose my children to it,” he said through his tears. According to him, he last saw his son who is now nine years old and his daughter, who is now four, when they were seven and two years old, respectively.
After Beukes took him through his bank statements showing that he made money from the fish shops he operated, showed cash payments to Samherji from where he sourced his products as well as paying bills to the municipalities where he has his properties to show that he can no longer pay his bills, he asked him to explain to the acting judge David Munsu why he feels he deserves bail.
Tamson told the judge that his basic constitutional right, the right to liberty, is being trampled on by the State’s continued refusal to commit him to bail.
He further said that his continued incarceration is denying him his right to adequately prepare for his trial, as the Windhoek correctional facility has no facilities for him to consult with his lawyers.
He said that he will abide by any and all conditions the judge will set and is willing to pay N$200 000 to secure his release.
Asked where he will get the money if he currently cannot pay his bills, he said it would come from friends and family.
While he admitted getting payments from Celax Investments, he denied knowing any of the entities owned by fugitive lawyer Marén de Klerk who allegedly used to channel the ill-gotten funds from Samherji to recipients and DHC Incorporated, De Klerk’s law firm. According to him, he thought the entities belonged to his cousin James Hatuikulipi and the funds were repayments of loans he made to James. He further denied knowing or even hearing of De Klerk before.
Tamson told the court that his businesses were making money before his incarceration but that they have stagnated now because he is not there to run them.
He has about 24 employees that now sit at home doing nothing and not earning an income to sustain themselves and if he is released on bail, he could revive his businesses and sustain himself, his family and his employees.
Tamson, together with his cousin James, the former Fishcor board chairperson, his father-in-law and former minister of fisheries Bernhard Esau, Ricardo Gustavo (on bail), former justice minister Sacky Shanghala, James Hatuikulipi, former Fishcor CEO Mike Nghipunya, Pius Mwatelulo, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk, 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.
It is alleged by the State that they corruptly received payments to give a competitive advantage to Icelandic fishing company Samherji in securing access to horse mackerel quotas in Namibia.
The State alleges that all the accused acted with a common purpose. Also on the list of people added to the charges is lawyer Marén de Klerk.
The State is yet to extradite De Klerk from South Africa, as well as Icelandic nationals Ingvar Júlíusson, Egill Helgi Árnason and Aðalsteinn Helgason.
The matter continues on 23 August when the State is expected to commence with its cross-examination.
Beukes is assisted by Richard Metcalfe, while Ezekiel Ipinge and Ed Marondedze represent the prosecution.