Icelanders challenge search, seizure warrant

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WALVIS BAY – Heinaste Investments Namibia and Icelandic captain Arngrimur Kristinn Brynjolfsson have filed an urgent application in the High Court to have the 22 November 2019 search warrant used by the Walvis Bay police to seize their trawler vessel set aside and declared invalid. 

The Namibian police impounded the vessel Heinaste, linked to the controversial Icelandic fishing company Samherji that is said to have paid at least N$103 million as kickbacks to Namibian politicians and business people since 2012 in exchange for fishing quotas. 

Brynjolfsson was arrested last month after allegedly being caught fishing in a restricted area on 30 October, which resulted in authorities impounding the vessel as well.

However, Brynjolfsson is now seeking through the High Court to have the search and seizure warrant attached to the vessel declared null and void as it puts the N$285 million sale of the vessel to a Russian company in jeopardy.

Court documents filed last week indicate the vessel was sold to a Russian company that expects the vessel to be delivered before 10 February 2020 in Busan, South Korea. 

The applicants thus approached the High Court to have the search and seizure warrant nullified as they fear the deal would fall through if delivery of the vessel is done late.

A sworn statement made by the first mate of Heinaste, Alexej Serapanov, on 4 December at the Walvis Bay police station on behalf of the two applicants, stated that police during the search and seizure took the vessel’s registry and safety certificate, and its pollution prevention certificate of insurance, among others.   

“These items have nothing to do with the investigation or any other purposes as contemplated in section 20 of the procedural and the seizure of these articles has only one thing in common it demonstrates that it will be difficult and dangerous to proceed without these items,” Serapanov said in his affidavit.

Investigating officer Fransiskus Negumbo in his affidavit stated that he obtained supporting documents and witness statements that Brynjolfsson on 30 November allegedly illegally caught fish in a restricted area.  

Brynjolfson was then charged on 19 November and subsequently given bail on 20 November.

“As far as I established a prima facie case against the accused persons and the investigation is still ongoing.

The vessel is Namibian licensed, which will expire on 31 December 2019. I also received intelligence that the owners are selling the vessel and that it will be licensed in Benin, while it is still under investigation,” Negumbo’s statement reads.