Evidence implicates Esau, judge finds

The state has shown it has evidence implicating former minister of fisheries and marine resources Bernhard Esau on what appears to be serious charges in the Fishrot case about the alleged unlawful use of Namibian fishing quotas, a judge said in a bail ruling delivered in the Windhoek High Court yesterday.

Judge David Munsu made this remark towards the end of a judgement in which he dismissed Esau’s latest application to be granted bail.

For a co-accused of Esau in the Fishrot fishing quotas fraud, corruption and racketeering trial, Nigel van Wyk, the outcome of their bail hearing was more positive, with Munsu deciding to grant him bail in an amount of N$20 000, with a set of conditions attached to his release from custody.

Esau (66) and Van Wyk (36) have both been held in custody for about four years, and have previously applied, without success, to be granted bail.

Munsu recounted that during Esau’s bail hearing, which started in December last year, the ex-minister contended that the state does not have a strong case against him. However, Munsu added, “the evidence presented shows otherwise”.

As former minister responsible for fisheries and marine resources, Esau did not deny that an illegal operation around the allocation and use of Namibian fishing quotas took place, but said his name had been used by his co-accused, the judge noted.

However, according to documentary evidence placed before the court during the bail hearing, Esau referred a letter signed by former attorney general and minister of justice Sacky Shanghala – who at that stage was the chairperson of the Law Reform and Development Commission and is also an accused in the Fishrot case – to the then permanent secretary of the fisheries ministry, while knowing it contained falsehoods, Munsu said.

Based on false information contained in the letter signed by Shanghala, Esau subsequently nominated an unregistered Angolan company, Namgomar Pesca SA, to be allocated Namibian fishing quotas, and he also approved the allocation of quotas to the company, Munsu continued.

Esau also appointed another of the accused in the Fishrot matter, James Hatuikulipi, as chairperson of the board of directors of the state-owned National Fishing Corporation of Namibia (Fishcor), after Shanghala had recommended Hatuikulipi for the position, the judge recorded as well.

Further evidence showed that N$1,2 million which originated from Fishcor was used to buy an immovable property at Otjiwarongo that was then registered in Esau’s name, Munsu also noted.

He concluded: “According, I find that the state has established a prima facie case against [Esau] on what appears to be serious charges.”

He added that new facts raised by Esau during the bail hearing, considered with all the evidence on record, did not change the grounds on which he was denied bail initially.

With regard to Van Wyk, it has not been alleged that he was part of a scheme to unlawfully gain access to Namibian fishing quotas through the company Namgomar Pesca (Namibia) and Fishcor, Munsu said. Van Wyk told the court he was an employee of Shanghala and Hatuikulipi, and that he received a salary and other payments from them in that capacity, the judge noted as well. He added that the magnitude of the offences Van Wyk is accused of and the severity of the sentence he may receive if convicted are unlikely to be the same as in the case of his co-accused.

Although Van Wyk has a case to answer at trial, considering the period of time he has been held in custody, the extent of his involvement in the matter, the sentence he is likely to receive if convicted, and the fact that investigations are complete, it would, in his view, be in the interest of the administration of justice if Van Wyk is given bail, Munsu said.

Defence lawyers Mbanga Siyomunji and Florian Beukes represented Van Wyk and Esau, respectively. The state was represented by deputy prosecutors general Ed Marondedze and Cliff Lutibezi, and Hesekiel Iipinge.Evidence implicates Esau, judge finds