ONE of the key figures charged in the Fishrot fishing quotas fraud and corruption case, James Hatuikulipi, and a co-accused have to provide answers on the charges they are facing in a separate case in the Windhoek Magistrate’s Court.
This was the conclusion reached by magistrate Kandiwapa Nembia in a ruling given in the trial of Hatuikulipi and former police reservist Sakaria Kokule yesterday.
Nembia found that the evidence placed before the court during the two men’s trial established a case on which they are required to provide answers.
The magistrate’s ruling was given after the defence lawyers representing Hatuikulipi and Kokule requested their acquittal after the prosecution wrapped up its case in their trial.
Hatuikulipi (48) and Kokule (50) are charged with counts of corruptly offering gratification to an officer of the Anti-Corruption Commisison (ACC), alternatively improperly influencing an ACC officer or bribery, and defeating or obstructing the course of justice.
The charges are based on allegations that they tried to bribe an ACC officer in January 2020 by offering him N$250 000 in an attempt to get him to hand them evidence seized by the ACC.
The evidence consisted of bank cards issued to Hatuikulipi and a co-accused in the Fishrot case, Pius Mwatelulo, and also a handwritten document.
Hatuikulipi and Kokule were initially charged with a third accused, Jason Iyambo, who in November 2020 pleaded guilty on a charge of attempting to defeat or obstruct the course of justice.
Iyambo was sentenced to an effective prison term of nine months after he admitted guilt.
Iyambo said in a plea statement that he used to help Hatuikulipi with personal errands for which Hatuikulipi’s bank cards had to be used.
He said while visiting Hatuikulipi in custody following his arrest near the end of November 2019, he informed Hatuikulipi there were things that needed to be bought for his farm, such as cattle feed and vaccines, and Hatuikulipi then asked him if there was a way to get hold of the bank cards that the ACC had seized from him.
Iyambo recounted that he asked Kokule if the bank cards could be obtained.
He said Kokule informed him he would find out from someone employed by the ACC.
After that, Kokule informed him in December 2019 that he had consulted an ACC official about the cards, Iyambo also said.
He added that he subsequently offered to pay an ACC investigator, Junias Iipinge, N$250 000 as a “fee” for him to remove the bank cards and document that Hatuikulipi wanted from the custody of the ACC.
Iyambo also said in his plea statement that Hatuikulipi asked him to obtain bank cards issued to Mwatelulo, and that he did not know what Hatuikulipi wanted to do with those.
Kokule, who was arrested in January 2020, and Hatuikulipi are denying guilt on the charges they are facing.
They are both being held in custody.
Their case has been postponed to 8 September, with further trial dates to be decided when they return to court.
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