Niël Terblanché
The notorious Fishrot corruption trial in Namibia is set to continue today despite a variety of legal challenges and plea requests from the accused individuals.
Acting High Court Judge Moses Chinhengo has ruled that the trial must resume, rejecting further postponements, as key figures in the case remain without legal representation.
The trial started almost four years after the corruption saga was uncovered, The prominence of the accused persons in Namibian society, namely the political and financial landscape from whence they hail, has had severe negative effects on Namibia’s fishing industry and its profitability.
The case also caused irreparable damage to the trust that everyday Namibians had in the Swapo Party-led government.
The trial, which has garnered significant international attention due to its severe corruption charges, involves ten individuals accused of fraud, corruption, racketeering, and other related offences linked to fishing quotas.
The accused persons include the original Fishrot Six, former Justice Minister, Sacky Shanghala, the former fisheries minister, Bernard Esau, James Hatuikulipi, Tamson Hatuikulipi, Ricardo Gustavo, and Pius Mwatelulo.
They along with four more accused persons are alleged to have engaged in a multimillion-dollar fraud scheme aimed at unlawfully benefiting from Namibian fishing quotas.
One of the major hurdles facing the accused is the Prevention of Organized Crime Act property restraint order, which has prevented them from accessing their assets, making it challenging to secure legal representation.
This financial constraint has hindered their ability to engage lawyers, leading to plea requests and delays in the trial process.
Despite these challenges, Judge Chinhengo stressed the need for the trial to proceed, highlighting that the accused have had ample time to prepare since the indictment was served in October 2021.
The judge’s decision to continue with the trial is an indication of the seriousness of the charges and the commitment of the Namibian Judiciary to ensuring that justice in high-profile corruption cases is meted out.
Judge Munsu is also expected to rule on the bail application for two of the accused on December 12th.
The suspects are accused of conspiring to manipulate the Fishing Act to favour the Icelandic fishing conglomerate Samherji in exchange for bribes.
The trial faced a recent delay when two defence lawyers, Florian Beukes and Mbanga Siyomunji, representing Bernhard Esau and Nigel van Wyk, respectively, were unable to attend the court proceedings earlier this week.
