Africa-Press – Namibia. EX-MINISTER of justice Sacky Shanghala, his business partner James Hatuikulipi and one of their co-accused in the Fishrot fraud and corruption case are claiming the Anti-Corruption Commission’s investigation of their case was unlawful.
Shanghala, Hatuikulipi and Pius Mwatelulo, who is a nephew of Hatuikulipi, are also saying their constitutional rights would be violated if they are not granted bail and they will not receive a fair trial unless they are released from jail.
They are making these claims in affidavits filed at the Windhoek High Court to substantiate their applications for bail.
Shanghala, Hatuikulipi and Mwatelulo are not testifying in person in support of their request to be granted bail.
One of their lawyers, South African senior counsel Vas Soni, informed judge Shafimana Ueitele yesterday that they are relying on affidavits filed with the court to substantiate their applications for bail.
This strategy shields them from having to answer questions under cross-examination from the prosecution during their bail hearing.
In their near-identical affidavits, Shanghala, Hatuikulipi and Mwatelulo each claims the case in which they are charged is the outcome of unlawful investigations by the Anti-Corruption Commission (ACC).
Noting that the charges which they are facing include counts of money laundering and racketeering, they say those are offences created under Namibia’s Prevention of Organised Crime Act of 2004 (Poca).
According to Shanghala, Hatuikulipi and Mwatelulo, the ACC does not have the authority or power to investigate Poca-related offences, but in terms of the Anti-Corruption Act of 2003 is authorised to investigate only “corrupt practices”.
Crimes dealt with by Poca may be investigated only by a police officer authorised in writing by the inspector general of the Namibian Police to carry out such an investigation – but until now no authorisation by the police chief for an investigation of their case has been provided to them, they add.
The effect of this, they claim, “is that the ACC investigations, at least insofar as they included investigations into racketeering or money laundering, are unlawful”.
Shanghala, Hatuikulipi and Mwatelulo also say the state’s case against them is heavily reliant on evidence to be given by Icelandic whistleblower Jóhannes Stefánsson, whom they attack as being, on his own version, guilty of serious crimes, including racketeering and money laundering.
They also claim Stefánsson was a drug user and “the prospects of a successful prosecution on his evidence are low”.
According to the three accused, it cannot be in the public interest to deny them bail on the strength of an unlawful investigation carried out by the ACC.
Each of them further states he cannot prepare properly for their trial while in jail.
“I also need an appropriate environment in which to [prepare for trial],” each says. “Prison is a crushing environment: emotionally, mentally and psychologically. Should I be forced to go through my trial while in prison, my trial will be unfair.”
The bail hearing, which started before Ueitele in November, is due to continue with a twelfth day of proceedings today.
ACC investigator Andreas Kanyangela, who started to testify yesterday, is to return to the witness stand to continue with his testimony.
For More News And Analysis About Namibia Follow Africa-Press
