Former Cabinet minister Sacky Shanghala has filed an urgent application in the Windhoek High Court to have their trial moved from the Windhoek Correctional Facility to another venue.
Shanghala told Windhoek High Court acting judge Moses Chinhengo on Friday morning he feels “dehumanised and scandalised” every time a journalist points a camera at him.
Shanghala has for long bemoaned the fact that their trial is being held at the prison complex where the dock in which the accused sit is separated from the rest of the court by burglar bars. He said it gives the impression that they have already been convicted while they are assumed innocent until proven guilty by a competent court.
A date for the hearing of this application had not been confirmed at the time of going to print. The revelation about the urgent application came after the application for separation of trials by Shanghala, James Hatuikulipi and Pius Mwatelulo could not continue as Shanghala filed an application to supplement his founding affidavit in the separation application.
He told the court the unrepresented accused had a three-hour meeting with prosecutor general Martha Imalwa to sort out their legal representation issues.
Justice Chinhengo wanted to know from the prosecutor Ed Marondedze, what the outcome of the meeting was.
Marondedze informed the judge they are still in consultation with the Directorate of Legal Aid to sort out the legal assistance issues and will continue to engage legal aid on the issue.
He however said the main issue is that the accused want lawyers of their choice
who might not be inclined to accept instructions from legal aid based on the fees legal aid pays.
However, according to the judge, the main contention of the unrepresented accused filing for separation is the question of legal representation.
If that issue is sorted, the judge said, it might very well be that the separation application will fall by the wayside and the matter can continue. He encouraged the State to continue engaging the relevant stakeholders to find a solution before he directs that the trial should continue without the unrepresented accused obtaining legal counsel.
Marondedze further told the judge he has no objection if Shanghala files a new application to amend his founding statement and suggested a postponement to give the parties a chance to file substantive applications and replies.
Judge Chinhengo agreed and postponed the matter to 11 November for hearing of the merits on the application. Shanghala also lodged a petition to the Supreme Court on the refusal by Chinhengo to reserve certain questions of law to the Supreme Court.
This includes the question of a fair trial, following the judge’s insistence on taking pleas, despite some of the accused being unrepresented and refusing to enter any plea.
Despite the unrepresented accused refusing to plead to the charges read out to them, Chinhengo entered pleas of not guilty on their behalf.
Shanghala also lodged an application seeking permission to cite Chinhengo and Judge President Petrus Damaseb in an application he wishes to bring on the validity of Chinhengo’s appointment as an acting judge of the High Court, and him presiding over the matter.
At the time he stated: “I find it difficult to fathom how a person, whose suitability to sit on a trial is questioned, can continue to sit on the trial.” These applications are still pending.
Dubbed ‘Fishrot’, the trial involves former Cabinet ministers Bernhard Esau and Shanghala, and several top businessmen.
The accused, Shanghala, Esau, Gustavo, James Hatuikulipi, Pius Mwatelulo, Tamson Hatuikulipi, former Fishcor CEO Mike Nghipunya, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk, are 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.
To be added to the list of the accused is lawyer Marén de Klerk, who is being 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 who also face possible charges linked to the “Fishrot” scandal.