Fishrot accused face fresh charge over cellphones

A case in which former Investec Asset Management Namibia managing director James Hatuikulipi and one of his co-accused in the Fishrot corruption case, Pius Mwatelulo, have been charged with possessing prohibited articles in prison was postponed in the two men’s absence in the Windhoek Magistrate’s Court in Katutura yesterday.

In the charge against Hatuikulipi (44) and Mwatelulo (32), the state is alleging they had cellphones, a power bank device and a smart watch – alleged to be prohibited articles in terms of the Correctional Service Act – in their possession in Windhoek Correctional Facility, where they are being detained, on 29 March.

According to the case record filed at the court, Hatuikulipi and Mwatelulo were arrested on the charge on Tuesday.

Magistrate Johannes Shuuveni postponed their case to 14 May after public prosecutor Victoria Likius told the magistrate the state objected to bail being granted to Hatuikulipi and Mwatelulo, due to fears that they would interfere with the investigation of the case and that it would not be in the interest of the administration of justice if they were to be released on bail.

Because of the Covid-19 pandemic state of emergency and three-week lockdown in Namibia, Hatuikulipi and Mwatelulo were not transported from prison to appear in court in person.

Both men have been in custody for more than four months after they, former Cabinet members Bernhard Esau and Sacky Shanghala, Esau’s son-in-law Tamson Hatuikulipi, and former senior Investec Namibia employee Ricardo Gustavo were arrested near the end of November last year on criminal charges in connection with alleged corruption in the allocation of Namibian fishing quotas worth millions of dollars.

The six men are accused of having been involved in a scheme in which the Icelandic-owned companies Mermaria Seafood Namibia and Esja Seafood during the period from 2014 to 2019 allegedly paid them at least N$103 million to get access to Namibian fishing quotas. In February this year, James Hatuikulipi was also charged with counts of bribery and attempting to defeat or obstruct the course of justice, in connection with an alleged attempt to bribe an Anti-Corruption Commission officer with N$250 000 in January to get him to provide confiscated bank cards of Hatuikulipi and Mwatelulo to a claimed associate of Hatuikulipi.

Also in February, Hatuikulipi, who is a former chairperson of the board of directors of the state-owned National Fishing Corporation of Namibia (Fishcor), the suspended CEO of Fishcor, Mike Nghipunya, Esau, Shanghala, Tamson Hatuikulipi and Mwatelulo were charged with additional offences under the Anti-Corruption Act.

In those charges, the state is alleging Esau used his former position as fisheries minister, Shanghala used his previous position as attorney general and later as minister of justice, James Hatuikulipi used his position as Fishcor board chairperson, and Nghipunya used his post as CEO of Fishcor between August 2014 and December 2019 to obtain N$75,6 million that was paid to them or entities of their choice.

In that case, Tamson Hatuikulipi and Mwatelulo were charged with money laundering and conspiring to commit an offence under the Anti-Corruption Act.

In both corruption cases, the charged men are due to make their next court appearance on 23 April.

All of them have been kept in custody since their arrest.

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