Namibia: Decide Finds Sturdy Case In opposition to Fishrot’s Fitty

THE state has proven that it has a robust case towards one of many key figures within the Fishrot fishing quotas fraud and corruption case, businessman Tamson ‘Fitty’ Hatuikulipi, a choose has remarked within the Windhoek Excessive Courtroom.

Appearing choose David Munsu made the comment in a ruling wherein he on Tuesday dismissed Hatuikulipi’s second utility to be granted bail.

Munsu concluded in his ruling that the brand new information on which Hatuikulipi relied for his request to be granted bail didn’t set up a perspective that impacted on the previous information on which his first bail utility was turned down within the Windhoek Justice of the Peace’s Courtroom in July 2020.

The brand new grounds had been a declare by Hatuikulipi that the state’s disclosure of its proof within the matter confirmed it didn’t have a robust case towards him, his continued pretrial incarceration greater than three years after his arrest, the expectation that his trial could be protracted, and a deterioration of his private circumstances since his arrest, the choose summarised.

Munsu mentioned he discovered that the state had made out a robust prima facie case towards Hatuikulipi throughout his bail listening to, which began in July this yr.

The alleged offences over which Hatuikulipi (41) is charged in reference to an alleged scheme to unlawfully exploit Namibian fishing quotas – together with counts of fraud, bribery, racketeering and cash laundering – are severe and contain a big amount of cash, Munsu mentioned.

He famous that an Anti-Corruption Fee investigator testified in the course of the bail listening to that Hatuikulipi acquired monetary advantages of greater than $75 million from his alleged involvement in a scheme to divert earnings realised from fishing quotas supposedly allotted for “governmental goals” to himself and co-accused within the Fishrot case.

Based on Hatuikulipi – a son-in-law of former minister of fisheries and marine sources Bernhard Esau, who can also be charged within the Fishrot case – cash paid to him by the Icelandic fishing firm group Samherji, which is on the centre of the Fishrot case, was for consultancy providers delivered by him.

Nonetheless, former Samherji govt Jóhannes Stefánsson, who blew the whistle on the Icelandic corporations’ alleged involvement in corruption within the Namibian fishing sector, has said in an affidavit that consultancy agreements between Hatuikulipi and Samherji corporations had been dummy offers meant to cowl up the fee of bribes by the businesses to get entry to Namibian fishing quotas, Munsu additionally famous.

He mentioned it appeared from the state’s proof in the course of the bail listening to that the case is able to proceed to trial. Munsu added that any delays within the matter are at this stage not attributable to the prosecution, however by co-accused of Hatuikulipi – a few of whom are attempting to get the choose to whom the matter has been assigned for trial to step down from the case.

On Hatuikulipi’s criticism that the circumstances wherein he and his co-accused are being detained at Windhoek Correctional Facility are insufficient for them to correctly put together for his or her trial, Munsu mentioned that was a real concern that the jail authorities ought to look into.

Namibia’s Structure protects the suitable to a good trial, which incorporates having the chance to arrange for a trial, he remarked.

Quoting from a 1992 Excessive Courtroom judgement usually cited in bail rulings in Namibia, Munsu recapped that the danger of an injustice being inflicted on an accused individual if they aren’t launched on bail earlier than their trial could be diminished when it’s proven in a bail utility that there’s a sturdy prima facie case towards an accused going through severe prices on which they’re prone to obtain a heavy sentence if convicted. In the identical scenario, the danger of prejudice to the state would improve if an accused individual is launched on bail previous to trial.

The truth that somebody has spent three years in custody earlier than their trial doesn’t mechanically entitle them to bail, he remarked.

Munsu added {that a} courtroom should strike a stability between defending the freedom of accused individuals who’re presumed harmless till confirmed responsible and the pursuits of the correct administration of justice. The seriousness of prices confronted by an accused and the power of the state’s case are pertinent information to be thought of by a courtroom in that regard, he mentioned.

He additionally said that alleged violent crimes and severe financial offences, comparable to these involving the theft of public funds, may not be differentiated in bail functions.

Hatuikulipi has been held in custody since his arrest close to the tip of November 2019. After his and Esau’s first utility to be granted bail was turned down within the Windhoek Justice of the Peace’s Courtroom in July 2020, an enchantment towards that call was dismissed within the Excessive Courtroom in February 2021.

Defence attorneys Richard Metcalfe and Florian Beukes represented Hatuikulipi throughout his bail listening to earlier than Munsu.

Prosecutor Hesekiel Iipinge represented the state.