Van Wyk 'more than just a cog' in Fishrot machine
"He was much more than just a cog in the criminal machine."
Prosecutor-General Martha Imalwa said this in a statement filed recently in the Windhoek High Court about the only Fishrot accused who is currently free on bail, Nigel van Wyk.
Van Wyk has remained persistent in his attempts to get certain charges against him set aside, and appeared again in court on Tuesday for his case against Imalwa.
He claimed that Imalwa wrongly decided to prosecute him on eight of the charges brought against him in the Fishrot trial.
These charges include money laundering, racketeering and theft, as well as the violation of laws against organised crime and corruption.
Money received
In her statement, Imalwa claimed that Van Wyk received more than N$1.9 million from his co-accused and some of their entities.
"It defies logic how my decision to prosecute could have been irrational and arbitrary, because the available evidence shows that the sums received by the applicant were proceeds of crime."
She further argued that there is a prima facie case against Van Wyk, which is sufficient grounds for a suit to prosecute him on the relevant complaint. In his statement, Van Wyk agreed with Imalwa that a prima facie case is sufficient grounds for a decision to prosecute, but denied that in his case there is enough evidence to constitute a prima facie case.
"There is not a single witness who has given a statement to [Imalwa] alleging that I knew or probably should have known that the source of the funds I received was from alleged criminal activities," Van Wyk said.
He further argued that there was no reasonable basis for Imalwa's decision to prosecute him on the complaint.
He received the money as part of his employment with Olea Investment CC - an entity owned by his co-accused Sacky Shanghala and James Hatuikulipi. "Receiving money is not criminal," he added.
Prosecutor-General Martha Imalwa said this in a statement filed recently in the Windhoek High Court about the only Fishrot accused who is currently free on bail, Nigel van Wyk.
Van Wyk has remained persistent in his attempts to get certain charges against him set aside, and appeared again in court on Tuesday for his case against Imalwa.
He claimed that Imalwa wrongly decided to prosecute him on eight of the charges brought against him in the Fishrot trial.
These charges include money laundering, racketeering and theft, as well as the violation of laws against organised crime and corruption.
Money received
In her statement, Imalwa claimed that Van Wyk received more than N$1.9 million from his co-accused and some of their entities.
"It defies logic how my decision to prosecute could have been irrational and arbitrary, because the available evidence shows that the sums received by the applicant were proceeds of crime."
She further argued that there is a prima facie case against Van Wyk, which is sufficient grounds for a suit to prosecute him on the relevant complaint. In his statement, Van Wyk agreed with Imalwa that a prima facie case is sufficient grounds for a decision to prosecute, but denied that in his case there is enough evidence to constitute a prima facie case.
"There is not a single witness who has given a statement to [Imalwa] alleging that I knew or probably should have known that the source of the funds I received was from alleged criminal activities," Van Wyk said.
He further argued that there was no reasonable basis for Imalwa's decision to prosecute him on the complaint.
He received the money as part of his employment with Olea Investment CC - an entity owned by his co-accused Sacky Shanghala and James Hatuikulipi. "Receiving money is not criminal," he added.
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