The defence team of Fishrot accused Tamson ‘Fitty’ Hatuikulipi last week attacked the veracity of the “audit report” Anti-Corruption Commission chief investigator Andreas Kanyangela quoted extensively during his evidence-in-chief.
Richard Metcalfe, who is representing him with Florian Beukes, put it to Kanyangela in no uncertain terms that the report he regarded, as his “Holy Bible” was not worth the paper it was written on.
Quoting from conclusions made by the auditors Deloitte, Metcalfe called the document “a one-sided report” that did not include all relevant facts in the matter before court.
In fact, Metcalfe said, the auditors made no factual findings as they distanced themselves from any or all findings, as they were not given full disclosure.
According to Metcalfe, the auditors were given information relevant to the ACC’s case at the whim of the ACC.
They were not given the full picture to allow them to come to a just and complete analysis and finding. According to Metcalfe, the report is just a preliminary report as the auditors indicated that should any new information come to light, they reserve their right to amend the report or come to different conclusions.
Furthermore, Metcalfe said, the auditors in no uncertain terms said that they do not accept any responsibility for any incorrect findings and that the report in its current format cannot be relied on, as they never had the chance to interview the “persons of interest” before their arrest and incarceration.
This, Metcalfe stressed, taints the report as the auditors admit that they could not independently verify the information contained in the report. He further questioned the methods used by the auditors to extract the information from the electronic devices of the “persons of interest”.
Metcalfe wanted to know from Kanyangela who gave the auditors permission to “hack” the devices. Kanyangela could only answer that the devices were seized on the authority of a search and seizure warrant and the auditors were appointed special investigators for the ACC.
When Metcalfe probed further on whether the auditors, notwithstanding their status as “special investigators” had lawful authority to “hack” the devices, Kanyangela could only say that the auditors are the ones who must come and testify to that.
Kanyangela was facing cross-examination from Metcalfe in the ongoing bail application of Fishrot accused Hatuikulipi before High Court acting Judge David Munsu.
Tamson, with his cousin and former chairman of Fishcor James Hatuikulipi, his father-in-law and former minister of fisheries Bernard Esau, former director of Namgomar Namibia, Ricardo Gustavo (on bail), former justice minister Sacky Shanghala, former CEO of Fishcor Mike Nghipunya, Pius Mwatelulo, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk, 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. It is alleged by the State that they corruptly received payments to give a competitive advantage to Icelandic fishing company Samherji in securing access to horse mackerel quotas in Namibia. The State alleges that all the accused acted with a common purpose. Also on the list of people added to the charges is lawyer Marén de Klerk.
The State is yet to extradite De Klerk from South Africa, as well as Icelandic nationals Ingvar Júlíusson, Egill Helgi Árnason and Aðalsteinn Helgason.
Kanyangela finished his testimony on Friday and the matter continues today. Hesekiel Iipinge and Cliff Lutibezi represent the State.