Disagreement over merging Fishrot cases delays trial
MARC SPRINGER
WINDHOEK
The long-awaited trial of eight accused and 11 corporate entities charged in connection with the so-called Fishrot scandal is facing another delay, after defence lawyers indicated they would object to a joinder application by the State to have the two corruption cases merged into one.
At another pre-trial hearing held yesterday, lawyers Milton Engelbrecht, Trevor Brockerhoff and Germaine Muchali informed Judge Christie Liebenberg they would object to such an application announced by deputy prosecutor Ed Marondedze during previous proceedings.
Defence attorney James Diedericks, representing former justice minister Sacky Shanghala, as well as businesspersons James Hatuikulipi and Pius Mwatelulo, added that he would need more time to study over 100 files that were only recently disclosed by the State before deciding what stance to take on the joinder application.
When Marondedze did not oppose that request, it was agreed that defence counsel would indicate by 25 June whether they would resist the application to amalgamate the two cases.
Marondedze undertook to provide a complete list of witnesses scheduled to testify in the trial by 28 May, as well as to submit a pre-trial memorandum and a summary of substantial facts to all defence lawyers involved.
Delays
As during previous appearances by the accused, attorney Richard Metcalfe again raised concern about the delay caused by the joinder application.
He pointed out that the accused had been in custody since their arrest in November 2019 and had a right to a speedy trial.
He did, however, agree with Judge Liebenberg that due to the scope of the two corruption cases and given that different accused were charged with different offences, some time was required to deal with administrative preparations for the trial.
The accused, which include former fisheries minister Bernhard Esau, his son-in-law Tamson Hatuikulipi, as well as a former colleague of James Hatuikulipi, Ricardo Gustavo, are charged with corruption, fraud, racketeering, money laundering and other offences relating to the use of fishing quotas allocated to Namgomar Pesca Namibia and used by Icelandic companies.
In a separate case, which is now set to be combined with the Namgomar matter, Shanghala, Esau, Mwatelulo, James and Tamson Hatuikulipi, former Fishcor chief executive officer Mike Nghipunya, Otneel Shuudifonya and Phillipus Mwapopi are facing similar charges connected to fishing quotas allocated to Fishcor and used by Icelandic companies.
In that case the accused are charged with having misappropriated about N$120 million supposed to have been paid to Fishcor for the use of its fishing quota.
WINDHOEK
The long-awaited trial of eight accused and 11 corporate entities charged in connection with the so-called Fishrot scandal is facing another delay, after defence lawyers indicated they would object to a joinder application by the State to have the two corruption cases merged into one.
At another pre-trial hearing held yesterday, lawyers Milton Engelbrecht, Trevor Brockerhoff and Germaine Muchali informed Judge Christie Liebenberg they would object to such an application announced by deputy prosecutor Ed Marondedze during previous proceedings.
Defence attorney James Diedericks, representing former justice minister Sacky Shanghala, as well as businesspersons James Hatuikulipi and Pius Mwatelulo, added that he would need more time to study over 100 files that were only recently disclosed by the State before deciding what stance to take on the joinder application.
When Marondedze did not oppose that request, it was agreed that defence counsel would indicate by 25 June whether they would resist the application to amalgamate the two cases.
Marondedze undertook to provide a complete list of witnesses scheduled to testify in the trial by 28 May, as well as to submit a pre-trial memorandum and a summary of substantial facts to all defence lawyers involved.
Delays
As during previous appearances by the accused, attorney Richard Metcalfe again raised concern about the delay caused by the joinder application.
He pointed out that the accused had been in custody since their arrest in November 2019 and had a right to a speedy trial.
He did, however, agree with Judge Liebenberg that due to the scope of the two corruption cases and given that different accused were charged with different offences, some time was required to deal with administrative preparations for the trial.
The accused, which include former fisheries minister Bernhard Esau, his son-in-law Tamson Hatuikulipi, as well as a former colleague of James Hatuikulipi, Ricardo Gustavo, are charged with corruption, fraud, racketeering, money laundering and other offences relating to the use of fishing quotas allocated to Namgomar Pesca Namibia and used by Icelandic companies.
In a separate case, which is now set to be combined with the Namgomar matter, Shanghala, Esau, Mwatelulo, James and Tamson Hatuikulipi, former Fishcor chief executive officer Mike Nghipunya, Otneel Shuudifonya and Phillipus Mwapopi are facing similar charges connected to fishing quotas allocated to Fishcor and used by Icelandic companies.
In that case the accused are charged with having misappropriated about N$120 million supposed to have been paid to Fishcor for the use of its fishing quota.
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