Samherji gets leg-up from 'Fitty'

Tamson ‘Fitty’ Hatuikulipi yesterday admitted that he gave Icelandic company Samherji a foot in the door of the Namibian fishing industry.

The Fishrot co-accused was speaking during his bail application, which started in the Windhoek High Court yesterday.

Samherji is at the centre of the Fishrot bribery scandal, in which the State argues N$315 million was stolen.

"I helped Samherji work with new Namibian fishing rights holders to catch their fish quotas," Hatuikulipi testified.

He said he was introduced to Icelandic national and Fishrot whistle-blower Jóhannes Stefánsson, who is now thought to be the State's key witness, in 2011.

Shortly afterwards, they signed a memorandum of understanding. That agreement stipulated that Hatuikulipi would assist the Icelandic fishing group by identifying Namibian holders of fishing rights and convincing them to enter into agreements with Samherji to catch their quotas.

The fishing group, one of the largest in the world, is accused of paying bribes for fishing rights and quotas to the state-owned National Fishing Corporation of Namibia (Fishcor) and to Namgomar Namibia, which controlled quotas related to a bilateral agreement between Namibia and Angola.

Hatuikulipi explained that only Namibian companies could receive fishing rights and only people with rights could receive quotas from the ministry, but agreements could apparently be entered into with foreigners to catch these quotas.

Hatuikulipi approached his cousin - and now co-accused - James Hatuikulipi for help in this regard, apparently because he had more knowledge about the fishing industry. James was the chairman of Fishcor at the time.

The money Hatuikulipi received from Samherji was reportedly paid over to his various companies.

"In January 2012, they made an advance payment of N$300 000 to me. The money was paid over to my business, Fitty Entertainment.”

Into Angolan waters

According to Hatuikulipi's testimony, the Icelanders apparently approached him to help them get into Angolan waters as well.

Hatuikulipi then contacted his co-accused Ricardo Gustavo, who he knew was involved in that country’s fishing industry.

Gustavo was the chairman of Namgomar Pesca Namibia at the time and according to Hatuikulipi, they were experiencing distribution problems.

He claimed after Namibia changed its foreign exchange regulations, many people turned to Angola for the supply of frozen fish.

Namgomar and Hatuikulipi apparently entered into an agreement, and the latter shared a list of people looking for frozen fish in that country with them. For this, Namgomar allegedly paid N$400 000 to his company, Erongo Clearing and Forwarding.

"Stefánsson told me that Gustavo helped him arrange meetings with quota holders in Angola. After that, Angolan partners were recruited," Hatuikulipi testified.

He visited Iceland in 2013 - on Samherji's dime - and there he met the Angolan partners, Joe de Barros and Antonio de Santos.

His co-accused James Hatuikulipi and Sacky Shanghala were also on this trip.

New grounds

The new grounds on which Hatuikulipi and his legal representatives are relying to apply for bail this time were announced in court yesterday.

First, they pointed out that the investigation had been completed and that Hatuikulipi could therefore no longer interfere.

They also claimed that the State does not have a strong case against him and that he has been in custody for two years, while the main trial will take a very long time and this infringes on his right to speedy legal proceedings.

His legal representatives also indicated that the State had in mean time added new charges and Hatuikulipi’s personal circumstances had deteriorated rapidly since his previous application for bail.

State has ‘strong case’

The State countered that it has a strong case against Hatuikulipi, adding that the nature of the charge is so serious that if he is found guilty, he will be given a heavy sentence. This may contribute to the probability that he will flee if he is released on bail, the State said.

"I intend to attend my trial. I will not run away because I am innocent," Hatuikulipi testified.

The State further said the risk still exists that he would interfere with evidence and the witnesses and that Hatuikulipi’s release would not be in the public interest, or that of the judicial process.

Hatuikulipi’s testimony will resume this morning at around 10:00.

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