Esau bemoans Fishrot court delays
State aims to conclude plea proceedings this year
Plea proceedings in one of Namibia's biggest corruption trials are set to proceed on Wednesday.
Former fisheries minister Bernhardt Esau says he is ready to enter his plea in the infamous Fishrot trial, urging the court not to prevent him from arguing his case simply because some of his co-accused are not ready to do so.
Last week, the six accused – former justice minister Sacky Shanghala, James Hatuikulipi, Tamson Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo – appeared in the High Court at Windhoek prison for plea proceedings and to arrange dates for trial.
The charges against Esau and his six co-accused include racketeering, bribery, money laundering and tax evasion.
The accused have repeatedly bemoaned the prolonged duration of their incarceration and its financial toll. They have been in custody since their arrest in November 2019.
Esau ready to go
The back-and-forth between the Fishrot accused and the State has now reached breaking point for Esau, who pleaded with acting judge Moses Chinhengo to allow him to continue with his plea proceedings.
“I am in a position to proceed with pleading from now onwards," he told the court last week, adding that "it is unfair for me to wait for so long without even getting a chance to plead. I am now in the hands of the court."
Esau said he had been briefed and is prepared to forge ahead.
He told the court about the legal battles he is facing and the limited support he is getting from the public judicial system.
Like Shanghala, Esau previously approached the attorney general, requesting that the State settle his legal bill, arguing that the allegations levelled against him arose from his official duties as a senior government employee. His request was denied.
Esau informed judge Chinhengo last week that his application for a government legal aid lawyer had also been rejected.
State set to proceed
Deputy prosecutor general Ed Marondedze initially told the court that his team is ready to commence with plea proceedings, having proposed 15 January as the start date.
On Tuesday, however, Marondedze told the court that the State wants to conclude the plea proceedings before the court adjourns for the year.
Chinhengo on Friday ruled that the plea proceedings will proceed on 11 December and be completed before the court breaks for the Christmas holiday.
“The criminal trial shall proceed on a date to be agreed between the parties and the registrar, having regard to the commitments of the legal representatives of the parties and in consultation with the court, provided that such date shall not be later than 4 February 2025,” Chinhengo ordered.
He added: “This court has indicated that it does not believe that it is fair for the accused not to answer to the charges five or more years after their arrest and detention in prison custody pending trial.”
Last week, the six accused – former justice minister Sacky Shanghala, James Hatuikulipi, Tamson Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo – appeared in the High Court at Windhoek prison for plea proceedings and to arrange dates for trial.
The charges against Esau and his six co-accused include racketeering, bribery, money laundering and tax evasion.
The accused have repeatedly bemoaned the prolonged duration of their incarceration and its financial toll. They have been in custody since their arrest in November 2019.
Esau ready to go
The back-and-forth between the Fishrot accused and the State has now reached breaking point for Esau, who pleaded with acting judge Moses Chinhengo to allow him to continue with his plea proceedings.
“I am in a position to proceed with pleading from now onwards," he told the court last week, adding that "it is unfair for me to wait for so long without even getting a chance to plead. I am now in the hands of the court."
Esau said he had been briefed and is prepared to forge ahead.
He told the court about the legal battles he is facing and the limited support he is getting from the public judicial system.
Like Shanghala, Esau previously approached the attorney general, requesting that the State settle his legal bill, arguing that the allegations levelled against him arose from his official duties as a senior government employee. His request was denied.
Esau informed judge Chinhengo last week that his application for a government legal aid lawyer had also been rejected.
State set to proceed
Deputy prosecutor general Ed Marondedze initially told the court that his team is ready to commence with plea proceedings, having proposed 15 January as the start date.
On Tuesday, however, Marondedze told the court that the State wants to conclude the plea proceedings before the court adjourns for the year.
Chinhengo on Friday ruled that the plea proceedings will proceed on 11 December and be completed before the court breaks for the Christmas holiday.
“The criminal trial shall proceed on a date to be agreed between the parties and the registrar, having regard to the commitments of the legal representatives of the parties and in consultation with the court, provided that such date shall not be later than 4 February 2025,” Chinhengo ordered.
He added: “This court has indicated that it does not believe that it is fair for the accused not to answer to the charges five or more years after their arrest and detention in prison custody pending trial.”
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