Eba Kandovazu
TWO High Court Judges dismissed a bail appeal by former Fisheries Minister Bernard Esau and his son-in-law Tamson ‘Fitty’ Hatuikulipi, saying that a strong case has been proven against the duo.
Judge Marlene Tomasi, who heard the appeal together with Judges Herman January both concluded that Magistrate Duard Kesslau who denied Esau and Hatuikulipi bail did not misdirect himself when he did so.
The dismissal of the appeal by the two justices is also according to them because it would not be in the interest of justice to grant the two bail, nor would it be in the interest of the public.
Although Magistrate Kesslau found that the duo posed no risk of absconding, they face serious offenses.
Today, the two judges said they would not be considering the point raised by Magistrate Kesslau, that Esau and Fitty pose no risk of absconding.
“This does not mean that the court on the facts agree or disagree with it,” Judge Tomasi ruled.
