Fourth Christmas behind bars for Fishrot crew
The Fishrot case was yesterday postponed once again to 14 February 2023.
This means those arrested in 2019 - such as former ministers Sacky Shanghala and Bernhardt Esau - will be spending their fourth consecutive Christmas in custody.
Proceedings have already been lagging for months due to a pending High Court request from one of the accused.
After the courts struggled to assign a judge to the Fishrot main trial and Judge President Petrus Damaseb intervened and ruled that judge Kobus Miller should preside, the public and involved parties were hopeful that the trial would begin soon.
Ricardo Gustavo and his legal representative Trevor Brockerhoff indicated immediately after Miller's appointment that they would bring an application for his withdrawal from the case.
This, because Miller heard one of Gustavo's bail applications and they claimed he had already made conclusions regarding his defence and therefore could not be impartial during the trial.
Miller dismissed the application and Brockerhoff applied for leave to appeal this decision, but this was also dismissed.
Brockerhoff then submitted a request to the Supreme Court to review the judge’s decisions, but an answer is still forthcoming.
This is why proceedings are currently at a standstill. The case was adjourned on 19 October for the same reason.
Long trial ahead
In the majority of the bail applications brought by Fishrot defendants, the issue of a protracted trial was brought to the fore.
The accused claim this infringes on their right to a speedy and fair trial.
During Gustavo’s bail application, judge Herman Oosthuizen said he estimated that the trial itself, with around 300 witnesses, could take two to four years to complete.
In Tamson Hatuikulipi’s recent bail application, the State said it is ready to start.
It also indicated that the trial can continue without the extradition of three Icelandic defendants and lawyer Marén de Klerk. Their cases will apparently be heard separately.
Hatuikulipi appears today
Hatuikulipi's bail application, which is based on new facts, started in July, and parties will appear before judge Orben Sibeya today for closing arguments, after which the date for the verdict is expected to be scheduled.
Tamson's father-in-law – former fisheries minister Esau - and his co-accused Nigel van Wyk will appear in the Windhoek High Court on 12 December for their new bail application.
Meanwhile, there is a possibility that the only Fishrot accused who is currently free on bail could end up back behind bars.
Gustavo is currently awaiting a verdict from the High Court after a State appeal.
– [email protected]
This means those arrested in 2019 - such as former ministers Sacky Shanghala and Bernhardt Esau - will be spending their fourth consecutive Christmas in custody.
Proceedings have already been lagging for months due to a pending High Court request from one of the accused.
After the courts struggled to assign a judge to the Fishrot main trial and Judge President Petrus Damaseb intervened and ruled that judge Kobus Miller should preside, the public and involved parties were hopeful that the trial would begin soon.
Ricardo Gustavo and his legal representative Trevor Brockerhoff indicated immediately after Miller's appointment that they would bring an application for his withdrawal from the case.
This, because Miller heard one of Gustavo's bail applications and they claimed he had already made conclusions regarding his defence and therefore could not be impartial during the trial.
Miller dismissed the application and Brockerhoff applied for leave to appeal this decision, but this was also dismissed.
Brockerhoff then submitted a request to the Supreme Court to review the judge’s decisions, but an answer is still forthcoming.
This is why proceedings are currently at a standstill. The case was adjourned on 19 October for the same reason.
Long trial ahead
In the majority of the bail applications brought by Fishrot defendants, the issue of a protracted trial was brought to the fore.
The accused claim this infringes on their right to a speedy and fair trial.
During Gustavo’s bail application, judge Herman Oosthuizen said he estimated that the trial itself, with around 300 witnesses, could take two to four years to complete.
In Tamson Hatuikulipi’s recent bail application, the State said it is ready to start.
It also indicated that the trial can continue without the extradition of three Icelandic defendants and lawyer Marén de Klerk. Their cases will apparently be heard separately.
Hatuikulipi appears today
Hatuikulipi's bail application, which is based on new facts, started in July, and parties will appear before judge Orben Sibeya today for closing arguments, after which the date for the verdict is expected to be scheduled.
Tamson's father-in-law – former fisheries minister Esau - and his co-accused Nigel van Wyk will appear in the Windhoek High Court on 12 December for their new bail application.
Meanwhile, there is a possibility that the only Fishrot accused who is currently free on bail could end up back behind bars.
Gustavo is currently awaiting a verdict from the High Court after a State appeal.
– [email protected]
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