Defence lawyer casts doubt on credibility of Stefánsson

Staff Reporter

THE bail application of former Fishrot minister, Bernard Esau, and co-accused Nigel van Wyk resumed in the High Court, where the credibility of the state’s key witness, Jóhannes Stefánsson, was questioned after he was labelled a self-confessed criminal who also embezzled money from Samherji, a company linked to the Fishrot scandal. Florian Beukes cross-examined the lead ACC investigator in the Fishrot case, Andreas Kanyangela, regarding the state’s whistleblower in the case, Stefánsson, and the meetings that led to the syndicate’s formation.

The State alleges that Esau allocated horse mackerel fishing quotas to an unregistered fishing company in Angola, Namgomar Pesca SA, as well as its holding company in Namibia, Namgomar Pesca Limitada, from 2014 to 2019. These quotas were then purportedly sold to Samherji in exchange for bribes involving the accused in the Fishrot scandal. It is claimed that over N$300 million was embezzled through the fishing quota scheme.
Beukes questioned Kanyangela about whether he was aware that the state’s key witness is accused of embezzling funds from Samherji and is also a drug addict. Kanyangela responded that such a response was expected from Samherji as their illicit dealings with the accused had been exposed. Beukes also pressed Kanyangela on whether he had interviewed Stefánsson and whether he had knowledge of Esau’s involvement in meetings related to the establishment of the Fishrot scheme, particularly referring to a meeting held on 20 October 2015. Kanyangela clarified that he had not personally interviewed Stefánsson, but in Stefánsson’s statement, it was mentioned that Esau did not attend the October 2015 meeting and was only briefed by other co-accused who were present.

Beukes pointed out that in opposition to Esau’s bail application, ACC investigator Olivier testified that one of the accused, Tamson Hatuikulipi, was introduced to representatives from Samherji and that they met on Esau’s farm. The defence lawyer questioned why Kanyangela testified that there were no records of such meetings. Beukes asked, “According to Stefánsson, there was no meeting on Esau’s farm. However, Olivier testified that there were meetings on Esau’s farm. Did Olivier lie?

Furthermore, the defence lawyer raised doubts about the state’s claim that Esau received funds from the N$5 million allegedly paid by Samherji to bribe top government officials and politicians in 2014. Beukes questioned whether any of this money was directly paid to Esau. Kanyangela admitted that no money was paid directly to Esau, but rather payments were made to companies or individuals providing services to him. In particular, Kanyangela said that Rudolf van Wyk received payment from the N$5 million through Erongo Trading CC, a company owned by Tamson Hatuikulipi. Kanyangela said that van Wyk provided services to Esau’s farm.

Beukes, however, asserted that none of the N$5 million was directly paid to Esau and that the International Audit report by Deloitte couldn’t establish a link between Esau and the N$5 million. Beukes said, “In the absence of evidence, you are attempting to connect Esau to this N$5 million. I propose that if this is accurate, Esau’s name was used, and he did not benefit.”