Proof heard in a bail utility by former minister of fisheries and marine sources Bernhard Esau and his son-in-law Tamson Hatuikulipi in July final year showed that the pronounce appears to bask in a intrepid case towards them, a dispute concluded in a judgement delivered within the Windhoek Excessive Court docket on Friday.
Magistrate Duard Kesslau’s finding that the allegations made towards Esau (63) and Hatuikulipi (39) seemed to bask in substance and that the pronounce has a intrepid case towards them can no longer be faulted, dispute Herman January remarked in a judgement wherein he brushed off an allure towards the Justice of the Peace’s refusal to grant them bail. Kesslau changed into down the 2 men’s bail utility within the Windhoek Magistrate’s Court docket on 22 July final year.
January also remarked that the explanations given by Esau and Hatuikulipi in line with the costs they’re facing “amount to untested naked denials”, since they selected no longer to testify for the duration of their bail listening to and in its keep offered their variations to the court docket in affidavits.
The pronounce, on the other hand, offered oral proof to the court docket to again up its allegations towards Esau and Hatuikulipi, the dispute significant as neatly.
He additional acknowledged it used to be completely justified for Kesslau to refuse bail to Esau and Hatuikulipi on the grounds of the public interest and the interest of the administration of justice, and that the Justice of the Peace used to be also correct to shut that many questions which could were raised with Esau and Hatuikulipi had been left unanswered which potential of of their decision no longer to testify for the duration of the bail listening to.
Snort Marlene Tommasi agreed with January’s decision to overlook the allure towards Kesslau’s refusal of bail.
With the failure of their allure, none of the three bail appeals lodged within the Excessive Court docket by a pair of of the accused charged within the 2 excessive-profile pending circumstances about alleged corruption in Namibia’s fishing industry has succeeded.
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Esau, Hatuikulipi and 24 co-accused – alongside with ex-minister of justice Sacky Shanghala and former Investec Asset Administration Namibia managing director James Hatuikulipi, who’s a cousin of Tamson Hatuikulipi – are charged with having been enthusiastic with a blueprint wherein Icelandic-owned companies paid them no no longer as a lot as N$103 million for the duration of the length from 2014 to 2019 to salvage entry to Namibian fishing quotas under a supposed fisheries cooperation agreement between Namibia and Angola.
In a second case, Esau, Tamson Hatuikulipi, Shanghala, James Hatuikulipi, who used to be also the chairperson of the board of directors of the Nationwide Fishing Company of Namibia (Fishcor), former Fishcor chief govt officer Mike Nghipunya and 14 co-accused – alongside with eight end companies and two trusts – are charged with having diverted some N$75 million in quota usage charges which Icelandic-owned companies had been supposed to pay to Fishcor to themselves or recipients of their different between August 2014 and December 2019.
The prosecutor customary has made up our minds that in each circumstances, the accused must stand trial within the Windhoek Excessive Court docket, the keep they’re scheduled to bask in a first pretrial listening to on 22 April.
Esau and Hatuikulipi were in custody since their arrest end to the destroy of November 2019.
They had been represented by defence attorneys Richard Metcalfe and Florian Beukes for the duration of their bail listening to and within the allure. Say recommend Hesekiel Iipinge represented the prosecution when the allure used to be argued five weeks ago.