No intent to break the law, De Klerk claims

Fugitive lawyer Marén de Klerk has claimed in a recent media statement that misrepresentations and false information by the media and prosecution authorities have distorted the public’s understanding of his alleged involvement in the Fishrot scandal.This follows a Windhoek High Court order issued on Tuesday, declaring approximately N$6.5 million from the account of De Klerk and his law firm, De Klerk, Horn and Coetzee (DHC) Legal Practitioners, forfeited to the state.Last week, De Klerk, through his lawyer Wihan Brand of PD Theron & Associates, issued a statement to Network Media Hub (NMH).In it, he argued that the media and prosecution authorities have caused him severe personal and professional harm.De Klerk insists his actions were solely guided by client instructions, with no intent to act unlawfully or engage in any criminal activity.“I have been publicly humiliated and accused of the most heinous acts. My attempts to present the facts have largely been ignored," he claimed. “I want to make it clear that I have always acted solely in accordance with the lawful instructions of my clients, with no intent to break the law or commit any crime," he stated.Financial struggle Prosecutor-General Martha Imalwa filed an application in October 2022 under the Prevention of Organised Crime Act (POCA) to freeze approximately N$4.7 million in the law firm’s bank account and around N$1.8 million from De Klerk's personal account.The application was based on allegations that De Klerk was approached by the Fishrot accused to allow DHC's trust account to be used as a channel to receive and disburse funds from the sale of fishing quotas.Imalwa’s application was granted, and although De Klerk attempted to appeal, his efforts were unsuccessful. Judge Shafimana Ueitele ordered last Tuesday that the funds be forfeited to the state.De Klerk claims that procedural and financial obstacles hindered his ability to appeal the preservation order involving certain funds.“My appeal was effectively obstructed due to the excessive costs associated with preparing the appeal record,” he said.“These costs were inflated by an overwhelming amount of irrelevant documents submitted by the prosecutor-general. This made it financially impossible for me to proceed with the appeal,” he explained.He noted that only a portion of the funds under the preservation order – approximately N$1.8 million – was directly related to him as agreed fees for his services, which he never received due to the order. An additional N$4.6 million, he stated, remained securely in DHC’s trust account.“It is critically important to understand that the N$4.6 million in the trust account complied with legal requirements,” De Klerk stated.South Africa Efforts to extradite De Klerk from South Africa to Namibia have so far been unsuccessful.In his statement, De Klerk responded to allegations that he intentionally fled Namibia.“I left Namibia on January 17, 2020, with the full knowledge and consent of the Anti-Corruption Commission of Namibia (ACC). Shortly afterward, I experienced a serious health crisis requiring hospitalisation.“On my last day of treatment, February 14, 2020, I narrowly escaped what I believe was a direct attempt to either kill or abduct me."Unfair treatmentDe Klerk also expressed concern in his statement about what he described as "cognitive capture" within the Namibian media."I believe the Namibian media has become an echo chamber, where journalists maintain narratives that align with popular assumptions rather than investigating the true facts," De Klerk argued, adding that this leads to selective reporting, where evidence challenging the preferred storyline is rejected or simply ignored.He claims that the media and prosecuting authorities have treated him unfairly."Seeing one’s name and reputation attacked with unfounded allegations, spread by journalists and editors who, in my opinion, have shown little regard for truth or fairness, has been very damaging."– kristien@nmh-hub.com.na

No intent to break the law, De Klerk claims

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Namibian Sun 2024-11-15

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No intent to break the law, De Klerk claims

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Namibian Sun 2024-11-15

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