Govt must foot my legal bills - Esau
Ex-minister desperate after lawyers resign
A similar request by Esau's co-accused Sacky Shanghala in 2020 was met with resistance by the Office of the Attorney-General.
Former fisheries minister Bernhardt Esau, who has been deserted by his lawyers in the Fishrot saga, says government must pay for his new legal representative because he was charged in his capacity as minister.
Esau resigned on 13 November 2019 and was arrested 10 days later as fallout from the fishing quota bribery saga intensified.
Several issues that could potentially delay the start of the Fishrot trial, in which 10 people in total are charged, came to light during a case management court session yesterday. The trial is scheduled to begin on 2 October.
The row over legal representation continues to hamper the hearing after Esau's legal representative Richard Metcalfe withdrew in recent months.
On Ricardo Gustavo’s behalf, attorney Trevor Brockerhoff said a custody order that currently freezes his client’s assets means Gustavo cannot afford legal representation.
The State also apparently provided no clarity regarding the ongoing extradition hearing of Marén de Klerk in South Africa and, according to attorney Mbanga Siyomunji, only made a major disclosure of documents in July.
However, state prosecutor Ed Marondedze said the State is ready to start the trial on the specified date.
Lawyer Milton Engelbrecht added on behalf of Nigel van Wyk that the legal aid department of the justice ministry has approved their application and that they are therefore ready to start the trial in October.
‘Govt must take care of me’
During the session, Esau indicated that he currently does not have a legal representative.
Judge Kobus Miller told him that he could apply for legal aid, but Esau replied that his former employer – the government - should pay for his legal costs.
"The [government] has to take care of me... Even a layman can tell when you go through the documents that I am charged in my capacity as a minister,” he said.
Esau added that he did not want to obtain a representative through the ministry’s legal aid department, but instead wanted a legal representative of his own choosing. The state would have to absorb the financial implications, he stressed.
Esau told Miller that he could issue an order for the state to pay his legal fees, but the judge did not respond.
The Fishrot defendants and their legal representatives will appear in the Windhoek High Court again on 20 September to report on their progress before the trial is expected to begin on 2 October.
- [email protected]
Esau resigned on 13 November 2019 and was arrested 10 days later as fallout from the fishing quota bribery saga intensified.
Several issues that could potentially delay the start of the Fishrot trial, in which 10 people in total are charged, came to light during a case management court session yesterday. The trial is scheduled to begin on 2 October.
The row over legal representation continues to hamper the hearing after Esau's legal representative Richard Metcalfe withdrew in recent months.
On Ricardo Gustavo’s behalf, attorney Trevor Brockerhoff said a custody order that currently freezes his client’s assets means Gustavo cannot afford legal representation.
The State also apparently provided no clarity regarding the ongoing extradition hearing of Marén de Klerk in South Africa and, according to attorney Mbanga Siyomunji, only made a major disclosure of documents in July.
However, state prosecutor Ed Marondedze said the State is ready to start the trial on the specified date.
Lawyer Milton Engelbrecht added on behalf of Nigel van Wyk that the legal aid department of the justice ministry has approved their application and that they are therefore ready to start the trial in October.
‘Govt must take care of me’
During the session, Esau indicated that he currently does not have a legal representative.
Judge Kobus Miller told him that he could apply for legal aid, but Esau replied that his former employer – the government - should pay for his legal costs.
"The [government] has to take care of me... Even a layman can tell when you go through the documents that I am charged in my capacity as a minister,” he said.
Esau added that he did not want to obtain a representative through the ministry’s legal aid department, but instead wanted a legal representative of his own choosing. The state would have to absorb the financial implications, he stressed.
Esau told Miller that he could issue an order for the state to pay his legal fees, but the judge did not respond.
The Fishrot defendants and their legal representatives will appear in the Windhoek High Court again on 20 September to report on their progress before the trial is expected to begin on 2 October.
- [email protected]
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