James Hatuikulipi found not guilty on bribery, obstruction of justice charges

A key figure in the Fishrot fishing quotas fraud, corruption and racketeering case, James Hatuikulipi, has been found not guilty on a bribery charge he was facing in the Windhoek Magistrate’s Court.

Magistrate Kandiwapa Nembia acquitted Hatuikulipi (49) on counts of corruptly offering a bribe to an agent of the Anti-Corruption Commission (ACC) and attempting to defeat or obstruct the course of justice.

Former police reservist Sakaria Kokule (51), who was charged with Hatuikulipi, was found guilty on both charges in a verdict delivered on Thursday last week.

The charges against Hatuikulipi and Kokule were 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 evidence seized by the ACC to them.

The evidence, collected during the investigation of alleged corruption, fraud and other offences connected to the procurement and use of Namibian fishing quotas, 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 admitted guilt 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.

After Iyambo did not testify as a state witness during the trial of Hatuikulipi and Kokule, Hatuikulipi’s defence lawyer, Gilroy Kasper, argued that without his testimony, there was only hearsay evidence against Hatuikulipi, and this meant the charges against him had not been proven and that he had to be found not guilty.

In a plea statement, Iyambo admitted that he offered to pay N$250 000 to an ACC officer, Junias Iipinge, on 20 January 2020, in exchange for two bank cards in Hatuikulipi’s name, two bank cards that were issued to Mwatelulo and a hand-written document titled ‘Total Allocation’.

Iyambo also said he used to help Hatuikulipi with some of his personal errands.

He stated that during a visit to Hatuikulipi, who was in custody at that stage, he informed Hatuikulipi about expenses that needed to be paid with regard to his farm. Hatuikulipi informed him that his bank cards had been taken by the ACC, and asked him if there was a way to get hold of the seized cards, Iyambo said in the plea statement.

Three state witnesses testified during Hatuikulipi and Kokule’s trial.

The two accused men elected not to testify in their own defence after the state’s case was concluded.

During the trial, Iipinge testified that he took part in a search of Hatuikulipi’s house on 13 December 2020. During the search, bank cards were seized by ACC investigators, he said.

According to Iipinge, he received a phone call from Kokule the next day. He said Kokule told him he had been approached by Iyambo, who said he had visited Hatuikulipi in custody and had been asked by him to approach Kokule to find a way to get the seized cards back.

Kasper argued that the only admissible evidence against Hatuikulipi was about the search of his house by ACC investigators.

The rest of the state’s evidence was based entirely on reports or allegations that Iyambo and Kokule made to Iipinge, and all of that evidence was hearsay and of no value to prove the charges against Hatuikulipi, Kasper added.

Kokule has to return to court on 29 October, when a presentence hearing is scheduled to take place.

He is being represented by defence lawyer Jermaine Muchali.

State advocate Ian Malumani is representing the prosecution.