The new judge assigned to the Fishrot trial said she will not resume the case until the pending application by former justice minister Sacky Shanghala is resolved.
The application challenges the constitutionality of Judge Moses Chinhengo’s appointment and seeks to nullify all decisions made during his tenure, including plea proceedings.
The application is awaiting a ruling from Deputy Judge President Hannelie Prinsloo in the High Court.
Shanghala argues that Chinhengo’s appointment was unconstitutional, making his decisions invalid.
He is supported by his longtime friend and business partner James Hatuikulipi and Pius Mwatelulo.
Du Plessis noted that continuing with the trial might be pointless if Prinsloo rules in favour of Shanghala.
If Prinsloo declares Chinhengo’s appointment unconstitutional, the trial will restart.
Shanghala expressed the need for a fresh start to resolve unresolved pre-trial issues from Chinhengo’s time.
He mentioned pending High Court applications, including one to transfer some co-accused to the general population to allow for joint defence.
Ricardo Gustavo told the court he is reviewing the Legal Aid Directorate’s refusal to grant him legal aid and has secured a pro bono lawyer for that review though not for the trial.
Shanghala requested further disclosure, specifically the revised indictment.
Deputy prosecutor general Ed Marondedze clarified that there is no new indictment – only an updated version with typographical corrections that keeps the original content.
The judge ordered Marondedze to make the updated indictment available to all accused by the end of the day.
The case was postponed to 6 August for the prosecution to respond to Shanghala’s latest application.
Gustavo, Shanghala, James Hatuikulipi, former minister of fisheries Bernard Esau, Tamson Hatuikulipi, Pius Mwatelulo, Mike Nghipunya, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk 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 face 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.
He 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.
Only Van Wyk is free on bail.
Van Wyk and Tamson are represented by Mbanga Siyomunji and Esau by Percy McNally on instructions of Florian Beukes.
Nghipunya, Shuudifonya and Mwapopi are represented by Milton Engelbrecht.
-rrouth@nepc.com.na
Photo: Heather Erdmann