Some of the figures implicated in the Fishrot bribery case are yet to sort out their legal representation, causing a delay in the start of the trial.
On Friday, Tamson Hatuikulipi informed the High Court that he has in the meantime secured the services of Mbanga Siyomunji as he waits for a response from the Directorate of Legal Aid. He is also fighting to have his legal fees paid from his frozen assets.
Nigel van Wyk has a pending bail application in the High Court and has also applied for legal aid.
Legal Aid has appointed Milton Engelbrecht to represent Otneel Shuudifonya and Phillipus Mwapopi.
Engelbrecht is also representing former Fishcor CEO Mike Nghipunya on private instructions and said he was ready for the start of the trial.
Lena Shikongo, who stood in for Florin Beukes on behalf of former minister of fisheries Bernardt Esau told the court they are still waiting for the attorney general’s decision on Esau’s application for the government to pay his legal fees.
Lawyer Trevor Brockerhoff told the court his client, Ricardo Gustavo also applied for legal aid. Lucious Murorua on behalf of former Minister of Justice Sakeus Shanghala, former Fishcor chairperson James Hatuikulipi, and his cousin Pius Mwatelulo told the court they are still pursuing the payment of their fees from the frozen assets of their clients.
Murorua raised the issue of unconducive conditions at the correctional facility and bail consideration.
But acting Judge Moses Chinhengo said such issues were already addressed by the court and he should engage either the registrar or the Judge President on problems he encounters.
State advocate Ed Marondedze told the court the State will be ready to proceed with the trial when all the issues of the accused, be it legal representation or whatever, are sorted out. According to him the initial trial date of 29 January 2024 would do.
The court postponed the matter to 23 November for a status hearing.
The group is charged with corruptly receiving payments of at least N$300 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.
– rrouth@nepc.com.na