Granting De Klerk bail ‘will delay Fishrot trial’

Wanted Namibian fugitive Marén de Klerk - who changed his name to Michael earlier this year - will hear today whether he will be released on bail.

De Klerk’s bail application continued yesterday in the Paarl Magistrate’s Court in Western Cape, South Africa, with the state opposing bail.

The state argued that if bail is granted, it may delay the Fishrot trial set to start on 23 October in Namibia.

De Klerk, the only accused in the Fishrot matter still not in custody in Namibia, was arrested by the Hawks in South Africa last week after approaching the police to help him get back N$3 million another lawyer allegedly conned him out of.

He found out from the police that a warrant of his arrest had been issued last year and that he is wanted in Namibia, where he is accused of fraud, money laundering and racketeering, all related to the Fishrot scandal.

Flight risk

Yesterday, the state opposed bail on grounds that an extradition request was received from Namibia in January, where he faces serious offences and possible heavy penalties.

It was further argued that De Klerk faces a possible long-term imprisonment, that he is a flight risk and that he is likely to evade his extradition hearing if released on bail.

The state, represented by Advocate Marésa Engelbrecht, said in its heads of argument that it is also likely that De Klerk will undermine or jeopardise the objectives or the proper functioning of the criminal justice system, including the bail system.

Furthermore, it noted that Interpol has been looking for him since February 2022 and he is a fugitive from justice.

“He knew that there was an investigation against in Namibia when he left.”

Engelbrecht added that De Klerk refused to hand himself over to the police even after he heard Interpol was looking for him.

‘Not honest’

She noted that De Klerk changed his name to Michael in January this year and moved around a lot, not staying in one place very long - which may be some of the reasons why Interpol could not trace him.

She further noted that De Klerk claimed he changed his name for security reasons.

“I submit to the court that he is not honest about the real reason why he changed his name. I submit that he was evading arrest,” Engelbrecht said.

She further submitted to the court that De Klerk is not a whistle-blower, but a fugitive from justice.

An affidavit submitted by Captain WJ van der Heever, Interpol’s investigating officer, also stressed that De Klerk is a flight risk.

He highlighted that De Klerk has two passports, one Namibian and one South African.

“He is sought by Namibian authorities and there is a warrant for his arrest and he knew at all relevant and material times thereto that he was sought by the Namibian authorities and is therefore a fugitive from justice.”

Van der Heever added that he has no doubt that De Klerk would flee to a country that has no extradition treaty with Namibia.

Unlawful activities

According to Van der Heever, De Klerk moved from one address to another in a way that made it difficult to find him.

“We have been looking for him since February 2022 when the warrant of arrest was signed by the magistrate in Paarl. He has no fixed employment and is in good health and is thus able to travel easily.”

He added that the case against De Klerk in Namibia is strong and this is an incentive for him to evade trial.

“If he is released on bail, he is likely to resume his unlawful activities.”