Van Wyk rejects state plea deal
• Shanghala’s former assistant seeks bail
The Fishrot accused told prosecutors he is determined to prove his innocence and will thus not plead guilty to anything.
Kristien KrugerDallas
Fishrot accused Nigel van Wyk has allegedly turned down an offer by prosecutors to plead guilty to a charge of obstruction of justice – related to his visit to his former boss Sacky Shanghala’s house – in exchange for a fine.
It came to light on Friday during Van Wyk’s bail application that the State allegedly wanted to enter into a plea agreement with him.
According to his testimony and supporting documents submitted to the court, the State offered to drop one of the charges against him if he pleads guilty to another. The charge to which he allegedly had to plead guilty is defeating the course of justice, related to his arrest Shanghala’s home.
At the time, Van Wyk was allegedly trying to remove incriminating documents from the house.
The State apparently told Van Wyk that he had to explain in his plea that Shanghala instructed him to remove the documents.
The State allegedly further said that if he pleads guilty to the one charge, it will not oppose his legal representative’s request that he only pay a fine. He would therefore be released, as he has already been in detention for a long period of time.
However, Van Wyk reportedly turned down the offer, saying he would not plead guilty to something he didn’t do.
Talks of a plea agreement between the two parties are said to have already started in November 2021.
Fishrot money
The State claims Van Wyk profited about N$1.9 million from the Fishrot corruption scandal.
However, he said apart from his monthly salary, he did not personally benefit from the money he received.
During last Thursday’s proceedings, Van Wyk admitted that he received payments from co-accused James Hatuikulipi, as well as entities owned by his other co-accused, but claimed that he received the money on behalf of Olea Investments and used it for company expenses. This was apparently part of his duties as an Olea employee.
Van Wyk and his legal representative, Mbanga Siyomuinji, argued that he can account for all the money he received between November 2017 and November 2019.
He apparently received about N$230 000 from Hatuikulipi; N$582 000 from other entities; N$714 000 in salaries, and a further amount of almost N$514 000 to cover the company’s expenses. This totals about N$2 million.
Obstruction
Van Wyk also testified last week that he was not removing incriminating documents from Shanghala’s house when he was arrested.
He testified that in December 2019 he visited Shanghala at the Seeis Police Station, where he was in custody. Van Wyk then went to the house to give Shanghala’s girlfriend a letter from his former boss.
After handing over the letter, he allegedly went to Shanghala’s study, took two bags, a computer screen and case and some documents and loaded them into his vehicle. Van Wyk was subsequently arrested.
According to him, he intended to take the items to an office he was meant to set up for Shanghala.
Bail conditions
Van Wyk told judge David Munsu that he is prepared to comply with any bail conditions and is even prepared to report to a police station three times a day. He is also willing to pay N$10 000 for his freedom.
He further begged the court to reunite him with his wife and children.
He completed his testimony on Friday and the case was adjourned until 11 April. The State will then begin cross-examination. The proceedings are scheduled to take until 14 April.
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Fishrot accused Nigel van Wyk has allegedly turned down an offer by prosecutors to plead guilty to a charge of obstruction of justice – related to his visit to his former boss Sacky Shanghala’s house – in exchange for a fine.
It came to light on Friday during Van Wyk’s bail application that the State allegedly wanted to enter into a plea agreement with him.
According to his testimony and supporting documents submitted to the court, the State offered to drop one of the charges against him if he pleads guilty to another. The charge to which he allegedly had to plead guilty is defeating the course of justice, related to his arrest Shanghala’s home.
At the time, Van Wyk was allegedly trying to remove incriminating documents from the house.
The State apparently told Van Wyk that he had to explain in his plea that Shanghala instructed him to remove the documents.
The State allegedly further said that if he pleads guilty to the one charge, it will not oppose his legal representative’s request that he only pay a fine. He would therefore be released, as he has already been in detention for a long period of time.
However, Van Wyk reportedly turned down the offer, saying he would not plead guilty to something he didn’t do.
Talks of a plea agreement between the two parties are said to have already started in November 2021.
Fishrot money
The State claims Van Wyk profited about N$1.9 million from the Fishrot corruption scandal.
However, he said apart from his monthly salary, he did not personally benefit from the money he received.
During last Thursday’s proceedings, Van Wyk admitted that he received payments from co-accused James Hatuikulipi, as well as entities owned by his other co-accused, but claimed that he received the money on behalf of Olea Investments and used it for company expenses. This was apparently part of his duties as an Olea employee.
Van Wyk and his legal representative, Mbanga Siyomuinji, argued that he can account for all the money he received between November 2017 and November 2019.
He apparently received about N$230 000 from Hatuikulipi; N$582 000 from other entities; N$714 000 in salaries, and a further amount of almost N$514 000 to cover the company’s expenses. This totals about N$2 million.
Obstruction
Van Wyk also testified last week that he was not removing incriminating documents from Shanghala’s house when he was arrested.
He testified that in December 2019 he visited Shanghala at the Seeis Police Station, where he was in custody. Van Wyk then went to the house to give Shanghala’s girlfriend a letter from his former boss.
After handing over the letter, he allegedly went to Shanghala’s study, took two bags, a computer screen and case and some documents and loaded them into his vehicle. Van Wyk was subsequently arrested.
According to him, he intended to take the items to an office he was meant to set up for Shanghala.
Bail conditions
Van Wyk told judge David Munsu that he is prepared to comply with any bail conditions and is even prepared to report to a police station three times a day. He is also willing to pay N$10 000 for his freedom.
He further begged the court to reunite him with his wife and children.
He completed his testimony on Friday and the case was adjourned until 11 April. The State will then begin cross-examination. The proceedings are scheduled to take until 14 April.
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