Fishrot: Plea proceedings concluded at last

Almost a year after the Fishrot defendants' plea proceedings were delayed, they resumed in the Windhoek High Court last week.However, the proceedings were not without challenges and were nearly delayed again on Friday, when an unexpected application was brought by former justice minister Sacky Shanghala.Shanghala, who has brought the majority of applications in the proceedings so far, once again brought up the issue of jurisdiction and judge Moses Chinhengo’s appointment.This time, Shanghala brought an application in terms of Section 317 of the Criminal Procedure Act, arguing that there was an irregularity in the trial and that it should not continue without a decision on the matter of jurisdiction.Chinhengo dismissed the application, pointing out in his ruling that it was not the first application dealing with the matter. He further found the application to be an abuse of processes.Shanghala stated during Friday's proceedings that Chinhengo was not granting any of his applications.“Mr Shanghala, if you make a good point, then I will grant it. I will grant an application that has merit,” the judge remarked."You can bring hundreds of applications. If you do not make a good point, it will not succeed. If you make a good point, it will succeed," said Chinhengo. PleadAfter Shanghala's application was dismissed, parties were ready to continue with the plea proceedings, and public prosecutor Cliff Lutibezi picked up where he left off the previous day. However, some defendants were still not prepared to plead, and a plea of not guilty was entered on their behalf by Chinhengo. Charges 10 to 42 were settled during Friday's proceedings. These include charges of fraud, obstruction of justice, money laundering, conspiracy and the corrupt abuse of positions and powers, among others.Former fisheries minister Bernhard Esau, Mike Nghipunya, Tamson Hatuikulipi, Phillipus Mwapopi and Otneel Shuudifonya were the only defendants who pleaded not guilty.Shanghala, James Hatuikulipi and Pius Mwatelulo refused to plead on the grounds that the court lacked jurisdiction to hear the matter, which was linked to the issue of Chinhengo's appointment and the pending application in relation to it.Chinhengo entered a plea of not guilty on behalf of all three.Ricardo Gustavo also stated that he was unable to plead because he does not have legal representation, and a plea of not guilty was entered on his behalf to all the charges he is facing.Nigel van Wyk, the only one of the 10 accused who is currently on bail, indicated that he does have legal representation, and could not attend Friday's proceedings, therefore, he was not prepared to plead. Chinhengo also entered a plea of not guilty on his behalf.The case was adjourned until (date missing for now) for the resumption of the hearing. – kristien@nmh-hub.com.na

Fishrot: Plea proceedings concluded at last

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Namibian Sun 2025-03-19

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Fishrot: Plea proceedings concluded at last

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Namibian Sun 2025-03-19

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