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Fishrot plea proceedings continue amid Shanghala antics

Rita Kakelo
Plea proceedings in the Fishrot trial resumed yesterday in the Windhoek High Court, marked by yet another episode of perceived efforts by former justice minister Sacky Shanghala to delay the start of the trial.

Shanghala, Pius Mwatelulo and James Hatuikulipi, along with the entities they represent, submitted notices yesterday to acting judge Moses Chinhengo, saying they intend to plead under Section 106(1)(f) of the Criminal Procedure Act.

Under this provision, a judge, as per the procedural rule known as “entering a plea by default" may enter a plea on behalf of the accused.

This is common when an accused refuses to plead or is unable to plead, and the court will assume the "not guilty" plea until the issue of jurisdiction or other legal challenges is resolved.

Even after judge Chinhengo ruled in May this year that he would not recuse himself from the Fishrot case, the trio brought up the argument again, citing that the court does not have jurisdiction to try the offences listed in Prosecutor General Martha Imalwa’s indictment.

No plea tendered

Yesterday, of the 42 counts the Fishrot accused face, including corruption, fraud and tax evasion, among others, only two were read to the Fishrot accused.

Count five and the alternative count, directed at Shanghala and former fisheries minister Bernhardt Esau, relate to using a public office for personal gain or gratification, as well as accepting gratification as a reward.

Esau pleaded not guilty, while Shanghala pleaded under Section 106(1)(f), and the judge consequently entered a not guilty plea on his behalf.

On count 6 and the alternative count, Shanghala, Mwatelulo and Hatuikulipi maintained their plea under Section 106(1)(f), which involves Ricardo Gustavo, Tamson Hatuikulipi, and the eleven entities they represent allegedly conspiring with Shanghala and Esau to commit an offence under Section 43(1) of the Anti-Corruption Act No. 8 of 2003.

In connection with offences outlined in count 5 and related to violations of Sections 32, 43(2), 46, 49, and 51 of the same Act, these sections cover corruption offences, including the abuse of public office and the acceptance of bribes or other forms of gratification.

On count 6, Gustavo refused to enter a plea, citing a lack of legal representation.

"I do not know these charges, nor do I understand them; hence I can't give a plea," he told the court.

Judge Chinhengo entered a not guilty plea for Shanghala, Mwatelulo, Hatuikulipi and Gustavo. Meanwhile, Tamson Hatuikulipi and Esau pleaded not guilty to count 6.

The plea proceedings are set to proceed today.

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Namibian Sun 2024-12-24

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