Eba Kandovazu
THE seven men implicated in the fishing corruption scandal notoriously known as the Fishrot scandal will next week Wednesday hear whether or not there will be another postponement in their case.
Disgraced ministers Bernhard Esau and Sakeus Shanghala, as well as James Hatuikulipi, Tamson Hatuikulipi, Ricardo Gustavo, Pius Mwatelula and Mike Nghipunya today argued that they should be released from jail until investigations have been conducted, stating that the state is not clear when exactly investigations in the matter will be completed.
It was today revealed in the Windhoek Magistrate’s Court before magistrate Ingrid Unengu that nine countries, including Iceland, Spain, DRC, the United Arab Emirates, Norway and Angola, also form part of investigations and that the state would need international assistance to acquire evidence.
State Advocate Ed Marondedze described the investigation as extensive and complicated, in that Namibian authorities will take time due to how complicated the case is.
The crime committed by the accused persons, he said, involved a sophisticated syndicate including partners in Iceland and Angola.
“The commission of the offence was not a simple one. It was a sophisticated one that involves meetings, the use of telephonic conversations, internet communications and the use of financial institutions,” Advocate Marondedze argued.
The defence lawyers for the accused, on the other hand, are arguing that investigations already started in 2014.
With information before the court that NamPol’s quest for assistance by the countries in question has not been successful nor forthcoming, the defence argued that the accused men cannot stay locked up.
“A remand should be refused as there has been no satisfactory answer as to the state of investigations since 2014,” the defence argued.
The defence further questioned whether or not the suspects in other countries will be co-accused with the suspects, also questioning the extradition treaties between Namibia and the countries.
The current travel restrictions as a result of the coronavirus have also been cited as hindering the progress of investigations.
“The fundamental rights of the accused should be upheld. Their rights cannot be hindered upon by the global pandemic, something that they have no control over. Other countries such as the US and South Africa have released a number of trial awaiting prisoners too,” the defence team argued.
Marondedze, on the other hand, argued that the state should be given enough time to investigate, adding that next time the accused person appears, the state would at least be ready.
“Naturally, this matter will not be tried in this court. It will be tried in the high court,” he says.
The defence team consists of lawyers Gilroy Kasper and Florian Beukes Trevor Brockerhoff.
Magistrate Unengu will deliver ruling on 3 June.
