State Advocate Esekiel Ipinge says Tamson ‘Fitty’ Hatuikulipi’s bail application does not contain any new facts.

Fitty Hatuikulipi (43), is one of the alleged masterminds of the Fishrot corruption scandal. 

Ipinge told Fitty Hatuikulipi during cross-examination this week, he (Fitty) was just rehashing old evidence. 

The hearing of Hatuikulipi’s application resumed this week after a hiatus of almost four months with Ipinge cross-examining him. 

He described the purported new evidence Fitty Hatuikulipi wants to use as useless and that it will not alter the outcome of the matter. 

This is Fitty Hatuikulipi’s second bail application on new facts after his previous application was dismissed by Windhoek High Court Judge David Munsu in December 2022. 

The judge also denied an application for leave to appeal to the Supreme Court, saying there were no prospects that the apex Court would come to a different conclusion. 

Fitty Hatuikulipi then launched his second bid in February this year, counting on supposed new facts. 

His lawyer, Mbanga Siyomunji, argued that the grounds constitute new facts that have not been heard before. The judge agreed to hear the matter on the condition that Fitty Hatuikulipi does not dwell on evidence already before court.

Fitty Hatuikulipi based his new bail application on the grounds that the trial did not start on 2 October last year as was envisaged when he made his previous bail application. 

This he said has caused him many hardships including the withdrawal of his former lawyer because he could not afford to pay him. 

Further, Hatuikulipi said through Siyomunji, he has been in custody for almost five years which is tantamount to being incarcerated without being convicted of a crime. 

Siyomunji further argued that his client has not picked up any new cases during his time in custody which amounts to a new fact. Fitty Hatuikulipi’s financial position has deteriorated to an extent that he is unbale to pay for rates and taxes on properties he owns which poses the risk that the properties could be attached to pay for the outstanding bills. 

He also produced various emails not produced during the previous bail applications including one from former executive director of Pupkewitz Holdings, Harold Pupkewitz, in which the latter apparently promised to secure a meeting between representatives of Samherji Group and Bernard Esau, the former fisheries minister and also an accused in the
matter. 

Other email correspondence is between Johannes Steffanson – who turned whistle-blower, Fitty Hatuikulipi and his cousin and fellow accused James Hatuikulipi. 

Ipinge objected to the introduction of the emails saying Fitty Hatuikulipi picked and chose which email, to bring to court to favour his bail bid. 

Judge Munsu however allowed the emails stating that Ipinge will have a chance to cross examine Fitty Hatuikulipi on the evidence. 

The matter is set down until Friday. Fitty Hatuikulipi was arrested in 2019 after the Fishrot scandal, which implicated several high-profile individuals in the looting of Namibia’s fish resources. 

Former attorney general Sacky Shanghala and Esau are accused, together with the Hatuikulipis, former CEO of Fishcor Mike Nghipunya, Ricardo Gustavo, Pius Mwatelulo, Nigel van Wyk, Otneel Shuudifonya and Phillipus Mwapopi of 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 where he fled, as well as Icelandic nationals Egill Helgi Arnason, Ingvar Juliusson and Helgason Adelsteinn.  -rrouth@nepc.com.na