Fishrot: PG wants to submit more statements
"She [Prosecutor-General Martha Imalwa] has self-imposed benchmarks for when to bring an application to file further affidavits. We invite the prosecutor-general [PG] to provide the court with a single case where a private litigant got away with such a self-imposed rule. Or should she indeed be treated differently?"
So claim lawyers representing businesses involved in the Fishrot scandal in a case in which a restraining order - in terms of the Prevention of Organised Crime Act (POCA) - was issued in November 2020. Six Namibian companies with foreign directors are involved in the matter.
In the case, Imalwa brought an application for permission to submit additional statements.
Advocates Raymond Heathcote and Eliaser Nekwaya argued in court documents that the PG failed to uphold the ethos of judicial case management processes.
They claimed that Imalwa obtained the orders [to freeze the companies' assets] based on the intention that the foreign directors will be located, extradited and joined as parties to the pending prosecution.
"Almost three years later, the foreign directors have still not been extradited. The PG is now attempting to patch up her case to limit the assets of the Namibian companies," the lawyers said.
The parties appeared before Judge Orben Sibeya in the Windhoek High Court yesterday.
Escape prosecution
The PG claimed in court documents that the companies are trying to escape prosecution.
"The foreign directors have said on record that they will oppose any attempt to bring them to Namibia. Their opposition to this application is part of their plan."
She further submitted that the claim that she failed to show that there are exceptional circumstances that could justify the submission of further statements is unfounded.
“The companies do not realise the ongoing and evolving nature of asset-forfeiture proceedings under POCA. They also do not realise that this court has jurisdiction over the Namibian-registered companies, regardless of the extradition of the foreign directors."
Imalwa also claimed that there will be no prejudice to the companies if further affidavits are submitted.
Heathcote and Nekwaya said this is despite the fact that assets worth more than N$300 million are not available to the Namibian companies.
Companies ‘harmed’
In court documents, Heathcote and Nekwaya claimed that the PG is attempting to prolong proceedings through allegations of tax violations and possible violations that are part of an investigation by Bank of Namibia.
"The PG has realised that she cannot locate and extradite the foreign directors before the criminal case begins on 2 October. She is now trying to delay the hearing and the inevitable dismissal of the restriction application on the merits.
"Meanwhile, the defendants continue to suffer prejudice caused by legal fees and failure to complete the applications. How much longer must they be harmed?”
–[email protected]
So claim lawyers representing businesses involved in the Fishrot scandal in a case in which a restraining order - in terms of the Prevention of Organised Crime Act (POCA) - was issued in November 2020. Six Namibian companies with foreign directors are involved in the matter.
In the case, Imalwa brought an application for permission to submit additional statements.
Advocates Raymond Heathcote and Eliaser Nekwaya argued in court documents that the PG failed to uphold the ethos of judicial case management processes.
They claimed that Imalwa obtained the orders [to freeze the companies' assets] based on the intention that the foreign directors will be located, extradited and joined as parties to the pending prosecution.
"Almost three years later, the foreign directors have still not been extradited. The PG is now attempting to patch up her case to limit the assets of the Namibian companies," the lawyers said.
The parties appeared before Judge Orben Sibeya in the Windhoek High Court yesterday.
Escape prosecution
The PG claimed in court documents that the companies are trying to escape prosecution.
"The foreign directors have said on record that they will oppose any attempt to bring them to Namibia. Their opposition to this application is part of their plan."
She further submitted that the claim that she failed to show that there are exceptional circumstances that could justify the submission of further statements is unfounded.
“The companies do not realise the ongoing and evolving nature of asset-forfeiture proceedings under POCA. They also do not realise that this court has jurisdiction over the Namibian-registered companies, regardless of the extradition of the foreign directors."
Imalwa also claimed that there will be no prejudice to the companies if further affidavits are submitted.
Heathcote and Nekwaya said this is despite the fact that assets worth more than N$300 million are not available to the Namibian companies.
Companies ‘harmed’
In court documents, Heathcote and Nekwaya claimed that the PG is attempting to prolong proceedings through allegations of tax violations and possible violations that are part of an investigation by Bank of Namibia.
"The PG has realised that she cannot locate and extradite the foreign directors before the criminal case begins on 2 October. She is now trying to delay the hearing and the inevitable dismissal of the restriction application on the merits.
"Meanwhile, the defendants continue to suffer prejudice caused by legal fees and failure to complete the applications. How much longer must they be harmed?”
–[email protected]
Comments
Namibian Sun
No comments have been left on this article