Court denies De Klerk video testimony
Fugitive refuses to testify in person
The High Court has determined that there is no reasonable justification or explanation why fugitive Marèn de Klerk cannot appear in person to testify.
The National Fishing Corporation of Namibia's (Fishcor's) application for leave to appeal a High Court decision that denied their application to allow Marèn de Klerk to testify via video was rejected at the High Court in Windhoek on Thursday last week.
"The court cannot close its eyes to the fact that De Klerk is a fugitive from justice. There is no reasonable explanation why De Klerk cannot appear before this court. There is therefore no reasonable prospect of success on appeal in this case," High Court judge Orben Sibeya said in his ruling.
The judgment forms part of the case brought by Fishcor against Seaflower Pelagic Processing (SPP), now rebranded as Princess Brand Processing (PBP), and African Selection Fishing (ASF), in which Fishcor is demanding that various agreements, which they claim were signed under corrupt circumstances, be annulled.
Crucial witness
Fishcor argued in their appeal application that De Klerk is the only person who can testify about a meeting that took place on 30 December 2016 between him, Adriaan Louw and Fishrot defendants Sacky Shanghala and James Hatuikulipi. Fishcor claims that the corrupt scheme was discussed during this meeting.
"The fact of the matter is that both Shanghala and Hatuikulipi are compulsory witnesses who are available in the jurisdiction of this court and who can be subpoenaed to testify on similar issues as required of De Klerk," Sibeya said in his ruling.
Fishcor further claims that De Klerk's testimony is essential to their case, but ASF and PBP's legal representative argue that it would not be in the interest of justice to allow a fugitive testify via video.
Sibeya found that the absence of De Klerk's testimony will not mean the end of Fishcor's case and that they can continue without it.
On the run
According to his statement, De Klerk is not prepared to return to Namibia because he claims he fears for his life.
"There is no evidence to suggest that the law enforcement officers in Namibia, who are obliged by law to protect suspects and witnesses, will not carry out their functions and protect De Klerk when he is in the country and requires such protection," reads the verdict.
On Thursday, Sibeya adjourned the case until 16 February for a preliminary hearing and the possible scheduling of trial dates.
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"The court cannot close its eyes to the fact that De Klerk is a fugitive from justice. There is no reasonable explanation why De Klerk cannot appear before this court. There is therefore no reasonable prospect of success on appeal in this case," High Court judge Orben Sibeya said in his ruling.
The judgment forms part of the case brought by Fishcor against Seaflower Pelagic Processing (SPP), now rebranded as Princess Brand Processing (PBP), and African Selection Fishing (ASF), in which Fishcor is demanding that various agreements, which they claim were signed under corrupt circumstances, be annulled.
Crucial witness
Fishcor argued in their appeal application that De Klerk is the only person who can testify about a meeting that took place on 30 December 2016 between him, Adriaan Louw and Fishrot defendants Sacky Shanghala and James Hatuikulipi. Fishcor claims that the corrupt scheme was discussed during this meeting.
"The fact of the matter is that both Shanghala and Hatuikulipi are compulsory witnesses who are available in the jurisdiction of this court and who can be subpoenaed to testify on similar issues as required of De Klerk," Sibeya said in his ruling.
Fishcor further claims that De Klerk's testimony is essential to their case, but ASF and PBP's legal representative argue that it would not be in the interest of justice to allow a fugitive testify via video.
Sibeya found that the absence of De Klerk's testimony will not mean the end of Fishcor's case and that they can continue without it.
On the run
According to his statement, De Klerk is not prepared to return to Namibia because he claims he fears for his life.
"There is no evidence to suggest that the law enforcement officers in Namibia, who are obliged by law to protect suspects and witnesses, will not carry out their functions and protect De Klerk when he is in the country and requires such protection," reads the verdict.
On Thursday, Sibeya adjourned the case until 16 February for a preliminary hearing and the possible scheduling of trial dates.
–[email protected]
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