Fishrot: Van Wyk gets bail, Esau’s denied
One of the 10 Fishrot defendants, whose trial began last week, had his bail application granted yesterday.
Nigel van Wyk is therefore the only Fishrot accused who is not currently behind bars, apart from self-proclaimed ‘Fishrot paymaster’ Marén de Klerk, who fled to South Africa at the height of arrests in the bribery scandal.
Van Wyk's bail application was heard together with that of his co-accused, former fisheries minister Bernhardt Esau.
Esau’s application was, however, rejected.
In his judgment yesterday in the Windhoek High Court, Judge David Munsu said Van Wyk was involved in the so-called Fishrot corruption scandal by his then employer and now co-accused, Sacky Shanghala.
"If he is found guilty, the weight of his sentence will not be the same as that of his co-accused," he said of Van Wyk.
This on the basis that the possibility of a harsh sentence may contribute to the likelihood that an accused will flee while they are free on bail.
Van Wyk was granted bail of N$20 000 on various conditions.
Strong case
Although Esau denied involvement in any criminal activities, Munsu referred to a plot worth N$1.2 million, allegedly paid for by entities involved in the Fishrot trial for their part in alleged criminal activities.
The State further asserted that it had a strong case against Esau, arguing that he was a key player in a memorandum of understanding entered into with Angola's fisheries ministry, which was part of a larger plan to carry out what is now known as the biggest corruption scandal in Namibian history.
Monthly salary
Van Wyk has - since November 2017 - worked for Ole Investments, a company owned by Shanghala and Fishrot co-accused James Hatuikulipi.
During his testimony, Van Wyk argued that the N$1.9 million the State claims he benefitted from the Fishrot scandal was not part of corrupt activities.
He said he received a monthly salary based on his contract with the company.
According to the State, Van Wyk tried to stop officials from the Anti-Corruption Commission (ACC) when they arrested Shanghala and Hatuikulipi.
Van Wyk is also accused of trying to remove incriminating documents from his employer's house in Windhoek after Shanghala's arrest in 2019.
Van Wyk faces two charges of racketeering, three charges of money laundering, one charge of theft, one charge of defeating or obstructing the course of justice, one charge of assaulting or obstructing an officer and one charge of possessing illegal ammunition.
New facts
Both Van Wyk and Esau have previously failed in their respective bail applications and this application is based on new facts that did not exist at the time of their previous applications.
This includes the fact that investigations have now been concluded and that the accused have now been in custody for more than two years.
Esau also argued that his personal circumstances and health had deteriorated.
- [email protected]
Nigel van Wyk is therefore the only Fishrot accused who is not currently behind bars, apart from self-proclaimed ‘Fishrot paymaster’ Marén de Klerk, who fled to South Africa at the height of arrests in the bribery scandal.
Van Wyk's bail application was heard together with that of his co-accused, former fisheries minister Bernhardt Esau.
Esau’s application was, however, rejected.
In his judgment yesterday in the Windhoek High Court, Judge David Munsu said Van Wyk was involved in the so-called Fishrot corruption scandal by his then employer and now co-accused, Sacky Shanghala.
"If he is found guilty, the weight of his sentence will not be the same as that of his co-accused," he said of Van Wyk.
This on the basis that the possibility of a harsh sentence may contribute to the likelihood that an accused will flee while they are free on bail.
Van Wyk was granted bail of N$20 000 on various conditions.
Strong case
Although Esau denied involvement in any criminal activities, Munsu referred to a plot worth N$1.2 million, allegedly paid for by entities involved in the Fishrot trial for their part in alleged criminal activities.
The State further asserted that it had a strong case against Esau, arguing that he was a key player in a memorandum of understanding entered into with Angola's fisheries ministry, which was part of a larger plan to carry out what is now known as the biggest corruption scandal in Namibian history.
Monthly salary
Van Wyk has - since November 2017 - worked for Ole Investments, a company owned by Shanghala and Fishrot co-accused James Hatuikulipi.
During his testimony, Van Wyk argued that the N$1.9 million the State claims he benefitted from the Fishrot scandal was not part of corrupt activities.
He said he received a monthly salary based on his contract with the company.
According to the State, Van Wyk tried to stop officials from the Anti-Corruption Commission (ACC) when they arrested Shanghala and Hatuikulipi.
Van Wyk is also accused of trying to remove incriminating documents from his employer's house in Windhoek after Shanghala's arrest in 2019.
Van Wyk faces two charges of racketeering, three charges of money laundering, one charge of theft, one charge of defeating or obstructing the course of justice, one charge of assaulting or obstructing an officer and one charge of possessing illegal ammunition.
New facts
Both Van Wyk and Esau have previously failed in their respective bail applications and this application is based on new facts that did not exist at the time of their previous applications.
This includes the fact that investigations have now been concluded and that the accused have now been in custody for more than two years.
Esau also argued that his personal circumstances and health had deteriorated.
- [email protected]
Comments
Namibian Sun
No comments have been left on this article