THE formal bail application of former fisheries minister, Bernhard Esau and his son-in-law Tamson ‘Fittty’ Hatuikulipi was set down to continue in the Windhoek Magistrate’s Court on 21 July.
At the conclusion of the testimony of last witness for the state, Magistrate Eduard Kesslau postponed the matter for 11 days to give both the applicants’ legal representative and the State enough time to prepare written heads of argument that would be submitted when the matter resumes. The Magistrate further indicated that he will most likely be able to hand down judgement on whether the applicants-in-law would be set free on bail on Wednesday 22 July.
During the proceedings on the fifth day of the formal bail application the perceived immunity of certain high profile lawyers from prosecution was again placed in front of the Anti-Corruption Commission’s door.
Richard Metcalfe, who represented both Esau and Hatuikulipi, asked yet another ACC investigator, Karl Patrick Cloete who testified on behalf of the sate on why the applicants should not be freed on bail, why Marén de Klerk and Sisa Namandje were able to move around large sums of money without any questions being asked by responsible fiscal authorities.
Cloete stated that De Klerk is suffering from mental problems and that he is currently institutionalised in South Africa. He testified that if the need should arise that De Klerk would definitely be called in for questioning and added that it might occur sooner rather than later.
“Another special category lawyer is Mr. Namandje. Money went into his account, money you regard as illegal funds and yet nothing has been done about it,” Metcalfe told the witness.
When the cross examination of the last state witness was completed Advocate Cliff Lutibezi applied to the court to have the court records of the bail applications of two other persons implicated in the Fishrot corruption scandal, Mike Ngipunya and Ricardo Gustavo added to the record of the two applicants-in-law, Esau and Hatuikulipi.
Metcalfe vehemently protested the idea and stated that he has never heard of such nonsense in his entire career.
“This is a different matter and the court record from another matter cannot be incorporated in the current matter. I’ve never heard of nonsense such as this,” he said.
After hearing case law for and against Advocate Lutibezi’s application, Magistrate Kesslau ruled that the court record of the other bail applicants implicated in the corruption scandal will not form part of the Esau and Hatuikulipi’s application.