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FishRot gang’s attempt to have PG give oral evidence a nightmare

FishRot gang’s attempt to have PG give oral evidence a nightmare

Staff Reporter

AN attempt by the FishRot accused persons and their companies attached to the ongoing FishRot scandal, to have the Prosecutor General brought to court to give oral evidence to their queries, demonstrates little prospects of success, after their second and perhaps last shot hit a solid wall on Thursday morning.

This was after Judge Orben Sibeya of the High Court of Namibia, dismissed their application for leave to appeal a decision of the High court that previously ruled against their request to have the Prosecutor General testify orally before court, as well as the judgement’s order pertaining to cost, handed down earlier this year.

Their initial application to have the PG give oral evidence followed the court’s restraint order that granted the prosecutorial authority permission to take custody of properties owned by the men implicated in Namibia’s biggest fishing scandal, in terms of section 25 of the Prevention of Organized Crime Act 29 of 2004 (POCA).

Photo: File

At the centre of the fight is an application seeking for an order for the release of the retrained assets, to meet their outstanding legal expenses. Some of the restrained assets are placed under the control of the appointed curator bonis, Bruni and Mclaren Liquidators. The proceedings of this application are ongoing and pending the court’s decision.

In their application for leave to appeal, which was today dismissed with cost, the accused men stated that the court failed to exercise discretion as it was obliged to do so in terms of the rules of the court, and that the court’s decision was vitiated by irregularities, adding that the decision erred in law.

The accused persons also indicated that, in terms of rule 67 of the High Court and the provision of the POCA, they wanted to cross-examine Martha Olivia Imalwa in her capacity as the Prosecutor General on several issues pertaining to the matter.

Some of the issue on which clarity is sought from the horse’s mouth is the attachment of some of their companies to the ongoing criminal proceedings, as well as whether or not Johannes Stefansson will be a witness at the criminal trial of the case.

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