Staff Reporter
THE bail application of former Fisheries Minister Bernard Esau and Nigel Van Wyk could not proceed on Monday morning after Esau’s lawyer, Florian Beaukes was unable to attend court proceeding due to medical reasons.
The two men are implicated in the Fishrot scandal alongside other 8 co-accused and have been behind bars since their arrest in 2019.
Esau is implicated in the corrupt allocation of fishing quotas to an Icelandic fishing company ‘Samerji” that allegedly defrauded Namibia millions of dollars while Van Wyk is accused of trying to destroy physical evidence at his former boss’ house, Sacky Shanghala.
State prosecutor, Cliff Lutibezi told the court that the right to legal representation is a fundamental right which might be breached if they are to continue without Esau’s legal representative.
“IF we proceed in the absence of his lawyer, where it has been indicated to the court that there is a valid reason as to why he could not be here, there is a risk of having these proceedings on appeal set aside due to an irregularity and we don’t wish for any irregularities to be committed in these proceedings” Lutibezi remarked
He concluded that there is however a need for Esau’s lawyer to be present during the cross examination and raise objection were necessary in order to protect his client.
Judge David Munsu has postponed the bail applications proceedings to Tuesday morning, 23 May 2023 to allow Esau to have his representative present in court.
Van Wyk is represented by Mbanga Siyomunji, while the state is represented by Cliff Litubezi.
