Esau was used by co-accused - lawyer

The lawyer of former fisheries minister Bernhardt Esau yesterday told the High Court that his client was not party to Fishrot crimes and that his name was opportunistically used by his co-accused.

Richard Metcalfe also said his client was incriminated by association.

“The State does not have a strong case against the applicant [Esau] and he is being incriminated by association. Evidence will reveal that he has nothing to do with the offences and he was being used by his co-accused,” the laywer said.

Esau - who holds the unenviable record of being one of the country’s first cabinet ministers to be arrested for corruption since independence - detailed how the ongoing Fishrot case has led to the deterioration of his health, saying his mental state currently borders on depression.

His personal circumstances deteriorated drastically since his incarceration more than three years ago, he said.

He also indicated that his financial situation is so dire that he cannot honour his payments to lawyers, insurance and other personal costs due to the provisional restraints placed on his assets.

According to Esau, over N$686 000 due to him in leave gratuity from the fisheries ministry was withheld because the tax authorities rejected the issuance of a tax directive in his name due to outstanding income tax returns from 2015 and 2020.

If released on bail, Esau promised to take care of his tax affairs.

No woema

Appearing before judge David Munsu during his bail application yesterday, Esau told the court: “I have a loss of energy, I do not have that woema - all this signifies that I need to go to a psychologist to be examined for depression. I lack concentration when attending to matters that require focusing. These are symptoms confirmed by doctor and he indicated that such symptoms are not far from depression. If I am released, I will go see a psychologist”.

The Swapo politician - who celebrated his 65th birthday behind bars last week - also detailed how the Anti-Corruption Commission (ACC) pounced on him at his Hochland Park residence in 2019, adding that that was the genesis of his health problems for which he now needs a psychologist and extensive medical assistance.

The revered former trade unionist also indicated that due to stress caused by the pressure at the fisheries ministry, he collapsed at his home in 2012.

He further sought to convince the court that he is not a flight risk should he be granted bail.

Blank slate

According to Esau, his farm in the Omaheke Region is located about 140 kilometres from the Botswana border, yet, upon learning that there was a warrant issued for his arrest, he opted to hand himself over to the Namibian Police.

“As a disciplined citizen of this country, I decided to hand myself over. I have been cooperating with the law enforcement agencies. They searched my residence... and they confiscated my mobile devices and official documents,” he told the court.

Esau said when he was appointed as fisheries minister in 2010 by president Hifikepunye Pohamba, he had no knowledge about the workings of the fisheries ministry and the fishing industry at large.

“I was blank when I was appointed, I was not informed with legislation, programmes and instruments of the ministry. I didn’t even know the staff. I went through an induction by the then permanent secretary Frans Sheehama,” he said.

Without mentioning names, Esau also sought to distance himself from his co-accused, saying he only met some of them when they were arrested.

The former minister faces two counts of racketeering, four counts of money laundering, 10 counts of corruptly using his office for gratification, five counts of fraud, one count of theft and one count of tax evasion and conspiracy to commit fraud.

It is alleged that he benefitted at least N$5.4 million from the Fishrot scandal.