LAWYERS representing six of the men charged in the Fishrot corruption and fraud case say they will be weighing up their options after the bail applications of the six accused were dismissed in the Windhoek High Court on Friday.
Lawyer Milton Engelbrecht, who represented three of the accused in their bail hearing before judge Shafimana Ueitele, said yesterday: “After we receive the written judgement, we will study it. We will share it with clients and advise them and then take instructions.”
On Friday, defence lawyer Lucius Murorua, who is representing three of the accused, said they were “broken” after hearing Ueitele’s judgement on their request to be granted bail.
“Of course, we were looking forward to a release on bail. That did not happen and it is what it is,” Murorua said.
“We’ve got to assess the situation and decide on the way forward, after having studied the judgement,” he said.
In his ruling, Ueitele concluded that the six bail applicants failed to show it would be in the interest of justice to grant them bail.
He said in his view the administration of justice would be prejudiced if they were released on bail.
The six accused who applied for bail are former attorney general and justice minister Sacky Shanghala, businessman James Hatuikulipi, former National Fishing Corporation of Namibia (Fishcor) chief executive officer Mike Nghipunya, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi.
Shanghala, Hatuikulipi and Mwatelulo have been held in custody since their arrest near the end of November 2019.
Nghipunya was arrested in mid-February 2020.
Shuudifonya and Mwapopi have been in custody since their arrest in December 2020.
All of them are facing charges in connection with the alleged corrupt use of fraudulently allocated Namibian fishing quotas, through which they are claimed to have received financial benefits amounting to N$317 million, according to the state.
Ueitele said in his judgement that Shanghala, Hatuikulipi and Mwatelulo have not shown it would be a violation of their constitutional rights if they continue to remain in custody while awaiting the start of their trial.
He also said they did not place before the court the basis for their claim that their constitutional rights are being violated by their detention, but instead in affidavits only stated their conclusion that their rights are, in their view, being infringed upon.
On their allegation that the Anti-Corruption Commission’s investigation of the Fishrot matter was unlawful, Ueitele said the commission was not given a proper opportunity to respond to those claims, and it would be grossly unfair to make a finding in that regard.
With regard to all six of the accused, Ueitele said in his view the scales are equally balanced on the question whether they would abscond or not if released on bail.
He continued, however, that he agreed with the state that there is a real likelihood the accused would, if released on bail, suppress or distort evidence.
The judge recounted that the court was informed Shanghala, Hatuikulipi, Nghipunya, Mwatelulo and Shuudifonya had tried to interfere with the investigation of the case and with evidence in the matter.
Ueitele said if there is a reasonable possibility that an accused would interfere with state witnesses or evidence if released on bail, it would be in the best interests of the administration of justice to not allow that accused out on bail, even if it has been shown that they are likely not to abscond if released.
Senior counsel Vas Soni, instructed and assisted by Ronald Kurtz, Murorua and Gilroy Kasper, represented Shanghala, Hatuikulipi and Mwatelulo.
Thabang Phatela, instructed by Engelbrecht, represented Nghipunya, while Engelbrecht also represented Shuudifonya and Mwapopi.
Deputy prosecutors general Cliff Lutibezi and Ed Marondedze represented the state.