Fishrot bail hearing: Hatuikulipi claims legitimate business dealings

One of the men charged in the Fishrot fraud, corruption and racketeering case, Tamson ‘Fitty’ Hatuikulipi, made all his income through legitimate businesses Hatuikulipi’s lawyer argued in the Windhoek High Court on Friday.

Addressing judge David Munsu during the hearing of closing arguments in Hatuikulipi’s latest bail application, defence lawyer Mbanga Siyomunji argued there was nothing untoward in payments of millions Hatuikulipi received from Icelandic fishing company group Samherji.

Siyomunji said this was because Hatuikulipi had a consultancy service agreement with Samherji in terms of which he linked Namibian fishing rights holders with Samherji, so that it could access Namibian fishing quotas.

The payments that Hatuikulipi received from companies in the Samherji group were legitimate and have been explained by him, Siyomunji argued.

“He was entitled to the payment he received,” he added.

Siyomunji also argued that Hatuikulipi has shown he is a good candidate to be granted bail.

It is in the interest of justice and of Hatuikulipi’s family, from whom he has been separated for the past five years, that he be granted bail, Siyomunji submitted. Munsu postponed the delivery of his judgement on Hatuikulipi’s bail application to 16 December at the end of the hearing.

Hatuikulipi (43) has been held in custody for five years, after being arrested on 27 November 2019 due to allegations that he and other accused in the Fishrot case were involved in an illegal scheme to secure Namibian fishing quotas that were supposed to be allocated for “governmental objectives”.

The state is alleging that as a result of his involvement in alleged fraud and corruption with the allocation of Namibian fishing quotas to Samherji, Hatuikulipi derived nett financial benefits totalling about N$17 million through payments made into his personal bank accounts. It is further alleged that he received additional financial benefits totalling about N$40.6 million through payments made to businesses and corporate entities controlled by him.

Hatuikulipi and his father-in-law, former minister of fisheries and marine resources Bernhard Esau, who is also an accused in the Fishrot case, first applied to be granted bail in the Windhoek Magistrate’s Court in July 2020. That application was not successful.

Munsu heard a second bail application by Hatuikulipi in the High Court from July 2022. That application was dismissed in December 2022.

Deputy prosecutor general Hesekiel Iipinge argued on Friday that Hatuikulipi did not present new facts to the court that changed the basis on which he was previously denied bail.

Iipinge also argued that the court has previously found there is evidence implicating Hatuikulipi in connection with the charges he is facing.

During his bail hearing before Munsu, Hatuikulipi failed to address the most pertinent issues around his alleged involvement with the company Namgomar Pesca, to which “governmental objectives” fishing quotas were allocated and which sold those quotas to companies in the Samherji group, Iipinge argued as well.

He argued that Hatuikulipi was involved in meetings during which the setting up of Namgomar Pesca was discussed, and was included as a recipient of email messages in which the creation of the company was discussed. However, he failed to address this when he testified during the bail hearing before Munsu, Iipinge argued. He also argued that the state has been ready for the trial of Hatuikulipi and his co-accused to start since they first appeared in the High Court in 2021, but that the start of the trial has been delayed by the accused.

Hatuikulipi also bears responsibility for the trial delay, but he is now trying to abuse a situation that he helped create by using the period he has been held in custody as a reason why he says he should be granted bail, Iipinge argued as well.

The bail hearing started in May this year.