The men charged in connection with the Fishrot fishing quotas fraud, corruption and racketeering scandal do not have access to suitable facilities in prison to properly prepare for their trial, a defence lawyer said in the High Court at Windhoek Correctional Facility on Friday.
With the 10 accused in the Fishrot case attending another pretrial hearing before acting judge Moses Chinhengo, defence lawyer Lucius Murorua told the judge his clients’ readiness for the start of their trial is “inextricably linked to their liberty”. Murorua, who is representing former attorney general and justice minister Sacky Shanghala, his business partner James Hatuikulipi, and Pius Mwatelulo, said impediments being encountered by the accused in their preparations for their trial are a consequence of the position they are in currently, being held in custody and unable to generate an income to pay their legal fees. The accused do not have adequate facilities in custody to prepare properly for their trial, for which they also want access to laptop computers in order to do research, Murorua added.
He remarked there was “a state of general indifference” among the prison authorities, with nobody doing anything to provide proper facilities where the accused can keep their copies of the state’s case docket and can have consultations with their lawyers.
During the pretrial hearing on Friday, Chinhengo was told that only three of the 10 accused – former National Fishing Corporation of Namibia (Fishcor) chief executive Mike Nghipunya, Otneel Shuudifonya and Philippus Mwaapopi, who are represented by defence lawyer Milton Engelbrecht – are ready for their trial to start.
The other accused still have to sort out their legal representation before they will be ready for their trial to begin, the court was informed as well. Defence lawyer Mbanga Siyomunji said his two clients in the case, Tamson Hatuikulipi and Nigel van Wyk, have applied for state-funded legal aid. The preparation of an application by Hatuikulipi for funds for his legal representation to be released from his assets that are under a Prevention of Organised Crime Act restraint order is also nearly done, Siyomunji said.
Deputy prosecutor general Ed Marondedze also informed the court that according to the defence, the first accused in the case, Ricardo Gustavo, has applied for state-funded legal aid as well. Shanghala, James Hatuikulipi and former minister of fisheries and marine resources Bernhard Esau wintend to apply to have funds released from their restrained assets to pay for their legal representation, Marondedze said.
The state is ready to proceed with the trial, he added.
Murorua said Mwatelulo has also applied for legal aid, and Shanghala is asking the Office of the Attorney General to pay his legal fees during his trial.
Shanghala and Esau have both indicated that they want the government to pay their legal fees, as they held government positions during the time that the alleged offences they are accused of are claimed to have been committed. Chinhengo told the 10 accused and the lawyers who were in court on Friday that he wanted to emphasise that the accused cannot be held in custody indefinitely.
“There must be a trial,” he said. He also said the court must give the accused sufficient time to prepare for their trial and get legal representation, and that they must be brought to trial within a reasonable period of time.
The 10 accused are scheduled to have a next pretrial hearing before Chinhengo on 23 November.
All of the 10 accused – due to be prosecuted in connection with their alleged involvement in a multimillion-dollar scheme to illegally benefit from Namibian fishing quotas – are being held in custody.
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