Esau holds back on bail hearing

A PLANNED bail hearing for the ex-minister of fisheries and marine resources, Bernhard Esau, did not start as scheduled in the Windhoek High Court yesterday, instead Esaus defence lawyers got his case removed from the court roll.

In a move that came as a surprise to the prosecution, defence lawyer Richard Metcalfe informed judge Johanna Salionga that Esaus defence team was not ready to proceed with his scheduled bail hearing and asked the judge to remove the bail application from the court roll.

Metcalfe added that the defence has not yet received documentation and medical reports which it wants to use in support of Esaus request to be granted bail, with the result that it was not in a position to commence with his bail application.

Esau (63) has been held in custody for two years, following his arrest on 27 November 2019.

He is facing 21 of the 42 charges on which the accused in the Fishrot case are arraigned in the High Court.

The charges against Esau, on the alleged corrupt and fraudulent use of Namibian fishing quotas allocated by the Ministry of Fisheries and Marine Resources during Esaus tenure, include counts of racketeering, corruptly using an office or position in a public body to obtain gratification, fraud, tax evasion, theft and money laundering.

Esau first applied to be granted bail in the Windhoek Magistrates Court in July last year. That application did not succeed.

An appeal against the ruling in which his request to be granted bail was refused, was also dismissed in the High Court in February this year.

The state is alleging that Esau derived financial benefits amounting to at least N$5,4 million from his involvement in the allocation of fishing quotas to which the Icelandic fishing company group Samherji was given access. It is also alleged that payments made for those quotas were diverted to Esaus co-accused in the Fishrot case and to himself.

The bail hearing of six of Esaus co-accused – former attorney general and justice minister Sacky Shanghala, businessman James Hatuikulipi, former National Fishing Corporation of Namibia (Fishcor) chief executive Mike Nghipunya, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi – is scheduled to continue before judge Shafimana Ueitele in the Windhoek High Court from 24 January.

Before that, judge Herman Oosthuizen is due to deliver his ruling on a bail application by another of the accused in the matter, Ricardo Gustavo, in the High Court on 15 December.