Esau, son-in-law to hear fate today

EX-MINISTER of fisheries Bernhard Esau and his son-in-law Tamson ‘Fitty’ Hatuikulipi are due to hear today if they will be released on bail after nearly eight months in jail as awaiting-trial detainees.

During the hearing of closing arguments in their bail application in the Windhoek Magistrate’s Court yesterday, defence lawyer Richard Metcalfe argued that Esau and Hatuikulipi have shown they would not abscond and will stand their trial if released on bail, and both have also made it clear they would not interfere in the investigation of the two cases in which they are charged.

State advocate Cliff Lutibezi, however, argued that the statements of Esau and Hatuikulipi that they would not abscond or interfere with investigations if released on bail carry little weight, since they chose not to testify during their bail hearing and their evidence was thus not tested under cross-examination.

He also argued there was a likelihood that if any of the accused in the two Fishrot corruption cases were released on bail they would attempt to interfere in the investigations, because an interference would benefit all of the accused.

After hearing the two lawyers’ closing addresses, magistrate Duard Kesslau said he would deliver his ruling in the matter today.

Esau (62) and Hatuikulipi (39) have both been in custody for close to eight months following their arrest on 27 November last year.

They are facing charges of fraud, corruption and money laundering in connection with the Fishrot fishing quotas corruption scandal – named after a WikiLeaks website on which documents detailing alleged high-level corruption in Namibia’s fishing sector were published in November last year – based on allegations that they and four co-accused had been involved in a scheme in which Icelandic companies paid them at least N$103 million to get access to Namibian fishing quotas during the period from 2014 to 2019.

In a second case, Esau, Hatuikulipi and four co-accused – ex-minister of justice Sacky Shanghala, former Investec Asset Management Namibia managing director James Hatuikulipi, the suspended chief executive officer of the National Fishing Corporation of Namibia (Fishcor), Mike Nghipunya, and an associate of Shanghala and James Hatuikulipi, Pius Mwatelulo – are accused of having been involved in fraud, corruption and money laundering in which some N$75 million supposed to be paid to Fishcor was diverted to themselves or corporate entities of their choice between August 2014 and December 2019.

Metcalfe also argued yesterday that the prosecution did not have a strong case against Esau and Hatuikulipi.

He suggested they should be granted bail, with Esau to cede his farm in the Gobabis district and house in Windhoek, said to have a combined value of N$23 million, to the state as security for bail, and Hatuikulipi to cede immovable properties valued at N$16 million to the state as security for bail.

In addition, Metcalfe said, Esau should be required to deposit N$50 000 in cash for bail, Hatuikulipi should pay N$200 000 in bail, and both should be required to surrender their passports to the Anti-Corruption Commission investigator in charge of their cases and to report daily to the ACC or the police.

Lutibezi also argued there was a likelihood of heavy sentences being imposed if the two men were to be found guilty after they had been tried, and that this sufficed for the court to decide it would not be in the public interest to release them on bail.

While many Namibians are living in poverty and the country has a high unemployment rate, Esau, Hatuikulipi and their co-accused were lining their pockets with millions of dollars, Lutibezi charged, adding that there had been a public outcry about the Fishrot cases and that this was a fact the court also had to consider.