Judge sets aside decision to move Fishrot accused in prison

A Windhoek High Court judge has set aside a decision to move four of the accused in the Fishrot fraud, corruption and racketeering trial from a part of Windhoek Correctional Facility where they were initially held in custody.

Judge Orben Sibeya reviewed and set aside the decision of the prison authorities to move James Hatuikulipi, Mike Nghipunya, Otneel Shuudifonya and Pius Mwatelulo from the prison’s C Section to its Echo Unit in a judgement delivered on Thursday.

Sibeya found that the prison authorities failed to give the four men a chance to be heard before the decision to move them was made, and also failed to provide them with reasons for the decision.

In a sworn statement filed at the court in May last year, Hatuikulipi said he, Nghipunya, Shuudifonya and Mwatelulo were relocated from C Section to Echo Unit, where they are held with the general population of awaiting-trial inmates, at the start of May last year.

Hatuikulipi also informed the court that he, Nghipunya, Shuudifionya and Mwatelulo had to sleep in Echo Unit and during the day were taken to C Section, where they have access to their laptop computers, the internet and their copies of the docket of their case and where they can prepare for their trial.

He and the other accused relocated to Echo Unit are not able to prepare for their trial while they were required to sleep in Echo Unit, Hatuikulipi claimed.

Sibeya said in his judgement: “[N]ot only were they not heard before the decision to relocate was taken, but they were also denied reasons for the relocation. The applicants were sent from pillar to post in search of the reasons for the relocation.”

He added: “This is not acceptable in a country that is subject to the rule of law. It should be ear-splitting to the [prison authorities] and all correctional officers that trial-awaiting inmates are human beings whose human rights must be respected by all.”

Sibeya also stated: “Besides, these are persons who are presumed innocent until proven guilty of the offences charged. Where an adverse decision is to be made against them, they have the right to be heard. Where a decision is made, they have the right to be provided reasons for the decision. Arbitrary decisions should be foreign in a country that prides itself on upholding the rule of law.”

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