Seven of the men charged in the Fishrot fraud, corruption and racketeering case faced a setback after attempting to reverse the prison authorities’ decision to move five of them to a different section of the Windhoek Correctional Facility.
An urgent application by the seven accused was struck from the court roll in the Windhoek High Court on Monday, with judge Boas Usiku ruling that the matter did not meet the requirements to be heard on an urgent basis.
Usiku also ordered the seven applicants to pay the legal costs of the home affairs, immigration, safety and security minister and the prison authorities.
The seven applicants are former attorney general and justice minister Sacky Shanghala, former National Fishing Corporation of Namibia (Fishcor) chief executive Mike Nghipunya, Shanghala’s business partner James Hatuikulipi, a former chairperson of Fishcor’s board of directors, Ricardo Gustavo, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi.
They applied for an interim interdict to stop prison authorities from transferring five of them from the section of Windhoek Correctional Facility where they have been held in custody, to another part of the prison, where they are detained with more awaiting-trial detainees than in the previous section.
The prison authorities moved Hatuikulipi, Nghipunya, Gustavo, Mwatelulo and Shuudifonya from the prison’s C Section to another unit at the start of May.
Hatuikulipi has informed the court in a sworn statement that Nghipunya has fears about his safety in the new part of the prison, while Gustavo’s health is affected adversely by conditions in the new section.
He also claimed their ability to prepare for their trial is being hindered by the move.
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