Fishrot: PG’s application granted
"The court found that the interest of justice supports the application of the prosecutor-general to keep the court informed of the progress of the extradition request."
Judge Orben Sibeya said this in the Windhoek High Court on Thursday when he granted Prosecutor-General (PG) Martha Imalwa's application to submit further affidavits in her case against the Fishrot defendants.
Imalwa's case was brought in 2020 under the Prevention of Organised Crime Act (Poca) and aims to have the Fishrot defendants' assets forfeited to the state.
In the application, Imalwa sought to report on the status of proposed extradition proceedings and applied for leave to file further statements to place Icelandic affidavits on the record.
The Fishrot defendants opposed the application.
They argued that Imalwa had failed to establish exceptional circumstances that would justify the leave. They also argued that she did not explain why the application was brought so late.
"The defendants argue that the PG does not answer their statement that the territory of Iceland does not allow the extradition of its citizens to another country. They argue that, in the absence of possibility of extradition, a further affidavit will not take the case anywhere.”
Satisfactory explanation
Imalwa argued that the developments in the criminal investigation over the past two years have delayed the finalisation of the extradition proceedings.
However, Sibeya ruled that she had provided a satisfactory explanation for why she had not provided the information earlier or filed the application at an earlier stage.
The judge said this ruling will allow the court to avoid a situation where it has outdated information.
"Surely, that cannot be in the interest of justice."
During the hearing, Imalwa argued that further affidavits will show what steps have been taken to extradite the Icelandic directors of the entities included as parties to the Poca proceedings to Namibia.
–[email protected]
Judge Orben Sibeya said this in the Windhoek High Court on Thursday when he granted Prosecutor-General (PG) Martha Imalwa's application to submit further affidavits in her case against the Fishrot defendants.
Imalwa's case was brought in 2020 under the Prevention of Organised Crime Act (Poca) and aims to have the Fishrot defendants' assets forfeited to the state.
In the application, Imalwa sought to report on the status of proposed extradition proceedings and applied for leave to file further statements to place Icelandic affidavits on the record.
The Fishrot defendants opposed the application.
They argued that Imalwa had failed to establish exceptional circumstances that would justify the leave. They also argued that she did not explain why the application was brought so late.
"The defendants argue that the PG does not answer their statement that the territory of Iceland does not allow the extradition of its citizens to another country. They argue that, in the absence of possibility of extradition, a further affidavit will not take the case anywhere.”
Satisfactory explanation
Imalwa argued that the developments in the criminal investigation over the past two years have delayed the finalisation of the extradition proceedings.
However, Sibeya ruled that she had provided a satisfactory explanation for why she had not provided the information earlier or filed the application at an earlier stage.
The judge said this ruling will allow the court to avoid a situation where it has outdated information.
"Surely, that cannot be in the interest of justice."
During the hearing, Imalwa argued that further affidavits will show what steps have been taken to extradite the Icelandic directors of the entities included as parties to the Poca proceedings to Namibia.
–[email protected]
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