Die voormalige minister van visserye en mariene hulpbronne, mnr. Bernard Esau, en sy regsverteenwoordiger, adv. Richard Metcalfe. Foto Kristien Kruger
Die voormalige minister van visserye en mariene hulpbronne, mnr. Bernard Esau, en sy regsverteenwoordiger, adv. Richard Metcalfe. Foto Kristien Kruger

Esau, Van Wyk's bail delayed

Grieving Metcalfe not ready
The second bail application by two of the Fishrot accused is expected to start tomorrow.
Kristien Kruger
The latest bail applications by two of the Fishrot accused - Bernhardt Esau and Nigel van Wyk - were scheduled to start in the Windhoek High Court yesterday, but were postponed until tomorrow.

The applications will be based on new facts because both accused were previously denied bail.

Former fisheries minister Esau's legal representative Richard Metcalfe was not ready to begin the application yesterday morning, because he had not yet consulted with his client.

Metcalfe's mother recently died and he was in South Africa until Saturday.

Van Wyk and his representative Mbanga Siyomuinji were ready to proceed with the application, but judge David Munzu adjourned the case until tomorrow to give Metcalfe and Esau time to consult before proceedings begin.

Esau

Esau was arrested in November 2019 and has been in custody ever since.

His first bail application - made in the Windhoek Magistrate's Court in July 2020 alongside his son-in-law and co-accused Tamson 'Fitty' Hatuikulipi - was rejected by magistrate Eduard Kesslau.

Hatuikulipi and Esau appealed Kesslau's decision in the Windhoek High Court, but that appeal was also dismissed.

During Esau's first bail application, the magistrate found that he abused his ministerial position to allocate quotas to fishing companies Namgomar and Fishcor.

Kesslau also found that, with the help of his co-accused, former justice minister Sacky Shanghala, he initiated changes to the fisheries law to allow corrupt activities.

Van Wyk

Formerly employed by Shanghala, Van Wyk was arrested on 14 December 2019 after he was caught trying to remove two briefcases - containing documents related to the Fishrot case - from the former minister's home.

He was also previously arrested on 27 November 2019 when he allegedly tried to stop members of the Anti-Corruption Commission (ACC) from entering an Omaheke farmhouse where Shanghala and Hatuikulipi were arrested that same day.

He was initially charged with defeating the course of justice and now also faces two charges of money laundering in relation to allegations that payments of almost N$700 000 and N$310 000 were made into his bank account by companies Otuafika Logistics and Olea Investments respectively.

Van Wyk previously testified that he had no idea where the money came from, adding that he used it to pay for Olea Investments' expenses.

He claimed that as an employee, he was not in a position to ask Shanghala and Hatuikulipi about the origin of the money.

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Namibian Sun 2024-05-02

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