FORMER fisheries minister Bernhard Esau, is once again leading his co-accused in bringing an application to the High Court of Namibia on an urgent basis to have search warrants used by investigating officers declared void of any validity.
The urgent application by the Fishrot Six was filed at the Registrar of the High Court on the 10th of January 2020 almost two weeks before Jason Iyambo appeared in the Windhoek Magistrate’s Court on a corruption and an interfering with the course justice charge after he attempted to bribe an investigation officer of the Anti-Corruption Commission to remove two of the accused persons bank cards.
Iyambo stands accused of attempting to bribe the ACC investigator to provide him with the personal banking cards belonging to James Hatuikulipi and Pius ‘Taxa’ Mwatelulo held in evidence.
If granted by a judge in the high court would give the sic men implicated in the corruption scandal, access to the money held in their personal and business bank accounts.
Former fisheries minister Esau, former justice minister Sacky Shanghala, Former Investec Asset Management Managing Director James Hatuikulipi, Esau’s son-in-law Tamson ‘Fitty’ Hatuikulipi, Investec manager, Ricardo Gustavo and Pius Mwatelulo will again approach the high court with the application on 4 February, a day after they would hear if their application to same court to appeal against the ruling of Justice Kobus Miller at the end of December to remove their application to set aside the warrants of arrest against them from the court roll.
In their second urgent application, the Fishrot Six are asking the High Court to have search warrants whereby documents, cash, computers, vehicles and other goods of value seized by law enforcement officers be declared null and void.
In his founding affidavit Esau demands that their bank accounts and property be returned to them immediately. In his affidavit the first applicant claims the search warrants are vague, overbroad and unintelligible.
It is their case that the search warrants be set aside and declared unlawful which means the seizure of their property and evidence obtained in the process would be illegal.
Six days after the application was filed with the Registrar of the High court the legal representatives for Tamosn Hatuikulipi filed a notice that he has withdrawn as an applicant.