Fishrot crew seeks release on technicalities
Some of the Fishrot accused’s South African lawyer yesterday took the Anti-Corruption Commission to task over ‘human errors’ he says denied the men behind bars of their human rights.
JEMIMA BEUKES
WINDHOEK
South African advocate Vas Soni, who represents some of the Fishrot accused, yesterday diverted from the looted millions in the so-called Fishrot case and instead prodded Anti-Corruption Commission (ACC) investigator Andreas Kanyangela on the legality of the warrants of arrest.
According to Soni, ACC had no powers to investigate the money-laundering and racketeering charges against the Fishrot accused and instead tried to fool the court that these were all corruption crimes.
Kanyangela is the key witness chosen by the ACC to oppose a joint bail application by former justice minister Sacky Shanghala, former Investec Namibia managing director James Hatuikulipi, Otuafika Logistics owner Pius Mwatelulo, civil servant Otniel Shuudifonya and owner of Wanakadu Investments, Phillipus Mwapopi.
Kanyangela admitted that he put a wrong page in the affidavit on which former fisheries minister Bernhardt Esau was arrested, and simply called it ‘human error’.
“A human error that deprived a man of his liberty. You see, when I stand before His Lordship, I am entitled to refer to the violation of anybody’s human rights by the person who is investigating. Mr Kanyangela, I’ve got to say, it worries me that you would be so casual about this,” Soni exclaimed.
Kanyangela responded that it happened that he was working on a similar statement, the search warrant and the warrant of arrest and it was possible that he forgot to delete some parts.
However, Soni pointed out that on the basis of this ‘simple error’, the public prosecutor applied for Esau’s arrest, and the magistrate granted the warrant.
Deliberate omission
Soni also accused the ACC of deliberately omitting crucial information from its court papers.
Soni told Kanyangela that according to Esau’s lawyers, he was not authorised to apply for the warrant of arrest, and that Prosecutor-General Martha Imalwa has not opposed this observation.
Kanyangela said he does not have the power, under the Prevention of Organised Crime Act 29 of 2004, to investigate money-laundering and racketeering.
“In terms of my powers, we can investigate any offences as per the provision of the Anti-Corruption Act. That is any other offences I am referring to emanating from corruption offences. I understand it since these other offences are not listed, I take it that ACC can investigate any other offences emanating from corrupt practices,” he said.
Kanyengala admitted that he omitted some information when he finalised his affidavits and called it a mere ‘oversight’.
To this, Soni countered: “You deliberately left out money laundering and fraud; you deliberately confined your investigation to corrupt practices and you intended to mislead the court through your affidavit”.
Unlawful police involvement
Meanwhile, Soni also highlighted that the involvement of the Namibian police officers in the Fishrot investigation was unauthorised. The role of these officers was to arrest the Fishrot accused, including Shanghala and Esau.
Kanyangela said he only learnt early this week about the authorisation letter from police chief, Inspector-General Sebastian Ndeitunga.
He told the court that the Namibian police officers joined the ACC investigation already in 2019; however, he came on board only at a later stage.
Soni, appearing on behalf of Hatuikulipi, Shanghala and Mwatelulo, started his cross-examination on Thursday morning.
“You know your usage of them [police officers] was unauthorised; do you know that?” Soni put to him.
Kanyangela, however, insisted that this was not true.
According to him, the only roles police officers were assigned was to arrest and conduct searches.
They later also joined in collecting statements from the accused, identifying their assets as well charging the accused after their arrests. These roles were assigned as a collective decision from both ACC and the Namibian police, he said.
‘He was aware’
When asked whether ACC director general Paulus Noa had anything to do with identifying who should be arrested, Kanyangela said: “He [Noa] was not present at some meetings, it was just investigators and the supervisors of the police who were assigned, especially deputy chief inspectors.
“Although he [Noa] was not involved, he was aware that we were intending to arrest these people,” he said.
[email protected]
WINDHOEK
South African advocate Vas Soni, who represents some of the Fishrot accused, yesterday diverted from the looted millions in the so-called Fishrot case and instead prodded Anti-Corruption Commission (ACC) investigator Andreas Kanyangela on the legality of the warrants of arrest.
According to Soni, ACC had no powers to investigate the money-laundering and racketeering charges against the Fishrot accused and instead tried to fool the court that these were all corruption crimes.
Kanyangela is the key witness chosen by the ACC to oppose a joint bail application by former justice minister Sacky Shanghala, former Investec Namibia managing director James Hatuikulipi, Otuafika Logistics owner Pius Mwatelulo, civil servant Otniel Shuudifonya and owner of Wanakadu Investments, Phillipus Mwapopi.
Kanyangela admitted that he put a wrong page in the affidavit on which former fisheries minister Bernhardt Esau was arrested, and simply called it ‘human error’.
“A human error that deprived a man of his liberty. You see, when I stand before His Lordship, I am entitled to refer to the violation of anybody’s human rights by the person who is investigating. Mr Kanyangela, I’ve got to say, it worries me that you would be so casual about this,” Soni exclaimed.
Kanyangela responded that it happened that he was working on a similar statement, the search warrant and the warrant of arrest and it was possible that he forgot to delete some parts.
However, Soni pointed out that on the basis of this ‘simple error’, the public prosecutor applied for Esau’s arrest, and the magistrate granted the warrant.
Deliberate omission
Soni also accused the ACC of deliberately omitting crucial information from its court papers.
Soni told Kanyangela that according to Esau’s lawyers, he was not authorised to apply for the warrant of arrest, and that Prosecutor-General Martha Imalwa has not opposed this observation.
Kanyangela said he does not have the power, under the Prevention of Organised Crime Act 29 of 2004, to investigate money-laundering and racketeering.
“In terms of my powers, we can investigate any offences as per the provision of the Anti-Corruption Act. That is any other offences I am referring to emanating from corruption offences. I understand it since these other offences are not listed, I take it that ACC can investigate any other offences emanating from corrupt practices,” he said.
Kanyengala admitted that he omitted some information when he finalised his affidavits and called it a mere ‘oversight’.
To this, Soni countered: “You deliberately left out money laundering and fraud; you deliberately confined your investigation to corrupt practices and you intended to mislead the court through your affidavit”.
Unlawful police involvement
Meanwhile, Soni also highlighted that the involvement of the Namibian police officers in the Fishrot investigation was unauthorised. The role of these officers was to arrest the Fishrot accused, including Shanghala and Esau.
Kanyangela said he only learnt early this week about the authorisation letter from police chief, Inspector-General Sebastian Ndeitunga.
He told the court that the Namibian police officers joined the ACC investigation already in 2019; however, he came on board only at a later stage.
Soni, appearing on behalf of Hatuikulipi, Shanghala and Mwatelulo, started his cross-examination on Thursday morning.
“You know your usage of them [police officers] was unauthorised; do you know that?” Soni put to him.
Kanyangela, however, insisted that this was not true.
According to him, the only roles police officers were assigned was to arrest and conduct searches.
They later also joined in collecting statements from the accused, identifying their assets as well charging the accused after their arrests. These roles were assigned as a collective decision from both ACC and the Namibian police, he said.
‘He was aware’
When asked whether ACC director general Paulus Noa had anything to do with identifying who should be arrested, Kanyangela said: “He [Noa] was not present at some meetings, it was just investigators and the supervisors of the police who were assigned, especially deputy chief inspectors.
“Although he [Noa] was not involved, he was aware that we were intending to arrest these people,” he said.
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