Fishrot accused foresee trial delay up to 2026

Some of the key figures in the Fishrot fraud, corruption and racketeering case say they expect to be ready for their trial by the second half of next year – or by the start of 2026.

This was said to acting judge Moses Chinhengo when the 10 men charged in the Fishrot case appeared in the High Court at Windhoek Correctional Facility on Friday.

Chinhengo scheduled the men’s court appearance to get clarity on when their trial can proceed, following a ruling in which he dismissed an application by three of the accused to have seven questions of law recorded and sent to the Supreme Court to be decided.

The three accused who asked Chinhengo to have the legal questions sent to the Supreme Court are former justice minister and attorney general Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo.

Chinhengo noted on Friday that when the case was allocated to him, he was informed the trial was scheduled to start on 2 October last year.

That did not happen, though. Plea proceedings started in December, but were then interrupted by an unsuccessful application for Chinhengo to step down from the case, which was followed by the failed application of Shanghala, Hatuikulipi and Mwatelulo.

After Chinhengo asked the prosecution, defence lawyers and the four accused without legal representation when the trial can proceed, deputy prosecutor general Ed Marondedze said the state is ready now.

The matter had been on the court’s pretrial roll for more than two years from April 2021 until trial date dates starting in October last year were set and the plea process should now continue, Marondedze said.

Shanghala to push on with ‘legal questions’ move

Shanghala, who is not represented by a defence lawyer at this stage, said his wish is that the trial should start as soon as he has obtained legal representation, but he is unable to say when that would be.

He also said the best estimate he could give about when he would be ready for the trial would be by August 2025.

Hatuikulipi, who is also without legal representation, said he estimated the trial could proceed in January 2026.

Mwatelulo – likewise not represented by a defence lawyer – indicated he expected to be ready for the trial nine months from now, in June 2025.

The first accused in the matter, Ricardo Gustavo, told the judge he was cancelling his previous decision to stand trial without legal representation.

Dates in February and April next year for the trial to proceed are acceptable to him, Gustavo said.

Only one of the defence lawyers representing some of the accused, Milton Engelbrecht, is still available for the trial during the rest of this year.

Engelbrecht, who is representing former National Fishing Corporation of Namibia chief executive Mike Nghipunya, Otneel Shuudifonya, and Phillipus Mwapopi, is available during the week from 2 September and on additional dates next month, in October, in December and from April next year, the judge was told.

Defence lawyer Mbanga Siyomonji, who is representing Nigel van Wyk and Tamson Hatuikulipi, said he is fully booked for the rest of this year and would be available again in February and April next year.

The legal representative of former minister of fisheries and marine resources Bernhard Esau, Florian Beukes, would also be available again by next year, the judge was told.

Chinhengo was also informed that Shanghala, James Hatuikulipi and Mwatelulo have filed new documents at the court in which they record that they intend to challenge Chinhengo’s appointment as an acting judge.

They also want to ask the Supreme Court to review the court proceedings during which the accused without legal representation were asked to give their pleas on some of the charges they are facing.

Chinhengo asked the state, defence lawyers and unrepresented accused to provide written submissions on how the trial should proceed to him by Wednesday this week.

He will give a ruling on the continuation of the trial on Tuesday next week, Chinhengo said.