Prosecutor general Martha Imalwa is opposing an application by disgraced former fisheries minister Bernhard Esau to have his legal fees paid from his restraint assets.
Esau lodged the application last year to have the High Court compel curators David Bruni and Ian McLaren to release a little more than N$3 million from his restraint assets to foot his legal bills.
Bruni and McLaren have in the meantime withdrawn as curators bonis.
Esau wants the court to order the release of N$1.2 million for his past and current legal expenses – and a further N$2.3 million for future legal expenses.
He further asked that the funds, once released, be paid into the trust account of his lawyers Metcalfe and Beukes Attorneys.
According to Esau, he will need at least N$1.1 million, excluding VAT for Beukes, to represent him at his criminal trial.
He further said Legal Aid has declined to assist him, as he is deemed to be able to pay for his own legal representation.
He further said he already disclosed all his assets to the curators bonis.
He, however, said he omitted to disclose that he has small and large livestock, valued at N$500 000, at Farm Dakota near Gobabis and furniture at his primary residence in Windhoek to the value of N$200 000.
He further disclosed that he is entitled to a payout of N$686 799 as a leave gratuity, which is still subject to taxation by the Namibia Revenue Agency.
Esau also said his wife, Swamma, has a direct interest in the assets, as she is a 50% owner.
He listed his properties as his house, valued at N$3.8 million; Farm Dakota, valued at N$17.9 million; one-third share of an erf in Mondesa, valued at N$40 000; a Mercedes Benz E-Class, valued at N$200 000; a Volkswagen Amarok bakkie, valued at N$250 000; a Toyota Landcruiser, valued at N$100 000; an Izusu KB 200, valued at N$40 000; one MF tractor, valued at N$20 000; one Venter Moonbuggy, valued at N$15 000 and one Zebra trailer with a market value N$5 000 in addition to the livestock and furniture.
He further owns various firearms and cash, which were seized by the ACC, plus various amounts in trust and call accounts with various banks.
Imalwa, however, disputes this.
According to her, Esau did not disclose all his assets to the curator bonis, as several transactions were flagged as suspect, including outflows of millions from one bank account to another.
With regards to their claim to possess livestock to the value of N$500 000, the PG said this was not verified.
She said the court is not able to be satisfied with the applicant’s disclosure and to find that he will not be able to pay for his legal expenses other than through the release of restraint assets.
Due to the material non-disclosures in the papers, the court cannot be satisfied as to Esau’s true financial position and is therefore disabled from making an informed decision for payment of legal expenses, the PG argued.
Acting Judge Beatrix de Jager heard the application and reserved her judgment.
Esau was represented by Florian Beukes and the PG by Marinus Boonzaaier.
-rrouth@nepc.com.na