Zorena Jantze
THE defence lawyer of jailed former CEO of Fishcor, Mike Nghipunya, has claimed that the Anti-Corruption Commission (ACC) is not forthcoming with regard to providing documents that prove his client’s innocence.
Thabang Phatela made these remarks in the bail application of the six men seeking bail in the Fishrot matter, where it is alleged that government objective funds derived from the fishing sector were channelled towards the benefit of the accused.
In his cross-examination of ACC investigator Andreas Kanyangela, the defence lawyer challenged testimonies made by the investigator that the companies Wanakadu Investments as well as Ndjako in which the accused in the matter, Phillipus Mwapopi and Otneel Shuudifonya, allegedly hold interests in, received payments which they did not render services for.
These payments were allegedly made by the Angolan entity Low-Key Investments to the companies of the accused after it was allocated government objective quotas by Fishcor.
Public prosecutors argued that Nghipunya had silent interests both in Ndjako and Wanakadu and used his position to channel government objective quotas towards Low-Key Investments and in exchange channelled these proceeds to Wanakadu and Ndjako.
Low-Key received government objectives because of their “substantial” investment in Namibia, Fishcor never received any payments, but payments were made to Wanakadu Investments, Fine Seafood Investments and Ndjako Investments, the State alleged.
Phatela read emails from Louis Fernandez, the CEO of Low-Key Investments, who claimed Nghipunya called him during 2019 and told him he will receive invoices from different entities and that it was for the quotas he had received.
“As Low-Key has already invested so much in Namibia, we felt we had no choice but to pay the invoices,” Fernandez stated.
Phatela, however, questioned why anyone would agree to pay for something which is unlawful and added that he has difficulty reconciling allegations that forceful payments were made.
He further provided to the court emails in which Low-Key CEO Fernandez wrote emails to Wanakadu in which it explained that the company sought legal advice on how to navigate setting up a business in the complex regulatory environment of Namibia.
He further questioned Kanyangela on why he had not informed the court of the existence of the emails, adding that the ACC is desperate to prove the guilt of the accused and as such is holding back certain documents from court.
Phatela further read emails from the Low-Key Investments CEO in which he explained that Low-key was set up in 2017 and that the entity had little experience in the fishing business in Namibia, where public offices, logistic companies as well as supplier companies were located.
Fernandez further noted that they had hired Wanakadu Investments for consultancy services and subsequently terminated the contract two years later.
Phatela noted that this dispels statements made by the ACC investigator that payments were made to Wanakadu without it providing actual services.
The defence attorney further provided agreements signed between Low-Key entities and the companies in which the accused hold interests.
File photo for illustrative purposes.
