Africa-Press – Namibia. THE case in which Fishrot fraud and corruption accused James Hatuikulipi and a police reservist, Sakaria Kokule, are charged over an alleged attempt to bribe an Anti-Corruption Commission (ACC) investigator will be sent to the High Court on special review, a magistrate decided in the Windhoek Magistrate’s Court yesterday.
Magistrate Esme Molefe made this decision after defence lawyers representing Hatuikulipi and Kokule yesterday argued that an irregularity had taken place in the two men’s case when their trial was separated from the trial of a former co-accused, Jason Iyambo, in November 2020.
A separation of trials was ordered after Iyambo pleaded guilty to a charge of attempting to obstruct the course of justice in November 2020.
Iyambo was sentenced to 18 months’ imprisonment, of which nine months were suspended for a period of five years, after he admitted guilt.
Hatuikulipi and Kokule are facing two counts of bribery, a charge of attempting to defeat or obstruct the course of justice, a count of corruptly giving gratification to an ACC agent and a count of improperly influencing an authorised officer of the ACC.
The state is alleging that they tried to bribe an ACC investigator on 20 January 2020 by offering him N$250 000 for four bank cards and a hand-written document titled “Total Allocation” which had been seized by the ACC during its investigation of the Fishrot fishing quotas fraud and corruption case.
It is also alleged that they tried to get hold of the four bank cards and the document in an attempt to interfere with the investigation of the Fishrot case and to destroy evidence in the matter.
Following the separation of trials, a new case record was created for Hatuikulipi and Kokule, and on that record the magistrate who dealt with the matter in November 2020 recorded that they had pleaded not guilty.
However, defence lawyers Gilroy Kasper, representing Hatuikulipi, and Jermaine Muchali, who is representing Kokule, argued yesterday that this was an irregularity, as the two accused have to plead afresh on the charges when their trial starts.
Molefe said she agreed that it would amount to them pleading twice on the same charges if they gave their pleas again. She added that the matter should be sent to the High Court on special review for the previous proceedings to be set aside.
In the meantime, the case is postponed to 15 August.
State advocate Ian Malumani is representing the prosecution.
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