Staff Reporter
HIGH Court Judge Moses Chinhengo today heard an application for the separation of trial filed by Fishrot-accused former Minister of Justice, Sackeus Shanghala, and three others. The accused are requesting that their trial be separated from the rest of the accused pending the outcome of their efforts to secure legal representation.
The application includes three of Shanghala’s co-accused: businessmen Ricardo Gustavo, James Hatuikulipi, and Pius Mwatelulo. The men are set to be prosecuted on 42 criminal charges, including counts of fraud, bribery, corruption, racketeering, money laundering, and tax evasion. These charges stem from Namibia’s largest fisheries corruption case, in which the accused allegedly received bribes of up to N$300 million to give Icelandic company Samherji HF a competitive advantage in accessing governmental fishing quotas.
Shanghala explained that the separation of trial application is based on Section 157 of the Criminal Procedure Act (CPA). He argued that the application centers on the accused persons’ right to legal representation and the need to protect the rights of other accused individuals in the matter. He said that granting the separation would ensure a speedy trial for the remaining accused.
He further emphasized that the court should not only uphold fundamental rights but also actively enforce them.
Shanghala added that he has not applied for legal aid or a POCA (Prevention of Organized Crime Act) application, which would allow him access to some of the assets restrained by the state. The former justice minister said that, as someone familiar with the justice system, he is aware he would not qualify for legal aid. Additionally, he said his request for state legal representation was declined by the Office of the Attorney General.
Shanghala also highlighted that his co-accused, James Hatuikulipi, had unsuccessfully attempted to access his restrained assets and funds through a POCA application. The court ruled against Hatuikulipi after finding he had not made a full disclosure of his tax liabilities.
Shanghala argued that most of the accused face challenges in accessing the curators managing their restrained assets and funds due to procedural impediments.
The State, represented by Advocate Ed Marondedze, opposed the separation of trial application, arguing that it lacks merit and should be dismissed. Marondedze said that the basis for a separation of trial application lies in whether or not the accused would suffer prejudice without it. He contended that the court would ensure the accused are not prejudiced by inadmissible evidence or improper questioning, even in the absence of legal representation.
He further emphasized that the Fishrot trial has been ongoing for the past five years, and the accused have made minimal efforts to secure funds or legal representation during this time.
Marondedze argued that a separation of trial would prejudice the State’s ability to present its case comprehensively, as it is essential for the court to have a full picture of the evidence involving all accused persons.
The matter was postponed to 26 November 2024 for a ruling on the separation of trial application.