Shanghala, Hatuikulipi, Mwatelulo don’t want to be on trial with other Fishrot accused

Former justice minister Sacky Shanghala and two of his co-accused in the Fishrot case want to have their trial separated from that of the other accused charged with them. 

Shanghala informed acting judge Moses Chinhengo in the High Court at Windhoek Correctional Facility yesterday that he, James Hatuikulipi and Pius Mwatelulo have filed an application to have their trial separated from that of their co-accused.

Considering the time limits set in the High Court rules for other parties to respond to their application for a separation of trials, he proposes that Chinhengo should hear oral arguments on their application on 29 November, Shanghala said.

Shanghala also informed the judge he has filed another application in the High Court in which he seeks permission to cite Chinhengo and High Court judge president Petrus Damaseb as interested parties in a case in which he intends to challenge Chinhengo’s appointment as an acting judge.

In addition to that, he has filed a petition to the chief justice in connection with his application for seven legal questions to be recorded by Chinhengo and referred to the Supreme Court to be decided.

Chinhengo dismissed that application by Shanghala, Hatuikulipi and Mwatelulo, who are not represented by defence lawyers currently, nearly four weeks ago.

In a ruling delivered on Tuesday last week, Chinhengo directed that while Shanghala, Hatuikulipi and Mwatelulo have indicated that they intend to file several applications on other issues connected to their trial, plea proceedings in the matter should proceed in the meantime.

The plea proceedings did not continue as scheduled yesterday, though, due to the absence of the first accused in the matter, Ricardo Gustavo.

Shanghala told the judge Gustavo has been in hospital since last Tuesday. 

He has also been absent from previous court proceedings due to being hospitalised then as well.

As a result of Gustavo’s absence, Chinhengo adjourned the court proceedings until today.

The trial started with plea proceedings in December last year, but was then halted by an ultimately unsuccessful application for Chinhengo to step down from the case, followed by Shanghala, Hatuikulipi and Mwatelulo’s application to have questions of law recorded and sent to the Supreme Court to be decided.

Two of those questions of law are about whether Shanghala, Hatuikulipi and Mwatelulo’s lack of legal representation amounts to a violation of their right to a fair trial and whether their right to a fair trial would be violated if they are required to plead to the charges they are facing without having legal representation.

During the plea proceedings in December last year, deputy prosecutor general Ed Marondedze put only the first four of the 42 charges in the state’s indictment to the accused before the trial was halted by an application for the judge’s recusal. 

The charges that were put are two counts of racketeering and two counts of money laundering.

Chinhengo recorded pleas of not guilty on behalf of all of the accused on the charges.

Gustavo, Shanghala, Hatuikulipi and Mwatelulo – all of whom are not represented by a defence lawyer currently – told the court they were unable to plead to the charges while they do not have legal representation.

Former minister of fisheries and marine resources Bernhard Esau at first told the judge he was pleading under duress while his defence lawyer was not present in court, before he denied guilt on the two charges of racketeering and one count of money laundering put to him.

Esau’s son-in-law Tamson Hatuikulipi, former National Fishing Corporation of Namibia chief executive Mike Nghipunya, Otneel Shuudifonya and Phillipus Mwapopi, who all have legal representation, denied guilt on two counts of racketeering and one charge of money laundering.

Another represented accused, Nigel van Wyk, refused to plead to the charges. 

Chinhengo recorded pleas of not guilty on his behalf.

Van Wyk is asking the High Court in a separate application to review and set aside the prosecutor general’s decision to prosecute him on charges connected to allegations that he and the other accused were involved in an illegal scheme to benefit from Namibian fishing quotas.