Rough ride made me sick - Esau
Former fisheries minister Bernhardt Esau says he became ill after a rough ride in a police van last Thursday.
He also claims in an affidavit handed in as part of an urgent application to be released from police custody, along with his co-accused, that former justice minister Sacky Shanghala and former Fishcor board chairperson James Hatuikulipi were left with backaches as a result of the rough ride on the gravel road between Seeis and their farms.
Meanwhile, 31-year-old Nigel van Wyk, who was arrested over the weekend for allegedly attempting to remove evidence relating to the Fishrot case from Shanghala's house, appeared in the Windhoek Magistrate's Court on a charge of obstructing the course of justice.
His lawyer Marvin Katuvesirauina said his client will apply for bail on 10 January 2020.
The defence and prosecution also agreed to postpone the matter to 20 March 2020 for further investigation.
Van Wyk is believed to have been an employee of Olea Investments, a company owned by Shanghala. Olea allegedly received US$330 000 in bribes paid by Iceland seafood company Samherji, which is at the centre of the Fishrot scandal.
A female suspect linked to the matter was also arrested, but was later released.
Anti-Corruption Commission (ACC) investigator Phelem Masule said the evidence collected against her was not compelling enough to keep her in custody.
Mistreated at court
Esau said in his affidavit that he and his co-accused are “being treated in the most unusual manner by police when we have to attend court”.
“We are being paraded in handcuffs with members of media having access to take pictures, which are widely published in newspapers.
“Our rights to receive visitors whilst in custody are also severely limited. We are allowed visitors only on Sundays,” Esau lamented.
He said ACC investigators forced him, Shanghala and Hatuikulipi into the back of a police van last Thursday and drove with them to their farms for a search of the properties.
An urgent application by Esau, Shanghala, Hatuikulipi, Ricardo Gustavo, Tamson 'Fitty' Hatuikulipi, who is Esau's son-in-law and Pius 'Taxa' Mwatelulo is due to be heard in the High Court.
“Our liberties have been taken away through a completely invalid process,” Esau claims in his affidavit.
Esau and his co-accused are asking the court to review and set aside the decision to issue their arrest warrants.
They also want the court to review and set aside both ACC director-general Paulus Noa's decision to refer their case to the prosecutor-general for prosecution, Prosecutor-General Martha Imalwa's decision to institute charges against them and Windhoek magistrate Linus Samunzala's decision to postpone their case to 20 February, while keeping them in custody.
In his founding affidavit Esau explains elaborately how they have been mistreated, including how his co-accused had aches after they were transported in a police van.
He also claims they have been restricted from consulting with their lawyers.
Esau is further aggrieved by additional and new search warrants served upon them by the police, which in his view may delay the investigations for years.
Abduction
Esau is also not happy that he, Shanghala and Hatuikulipi were taken along to search their respective farms.
This, he said, boils down to “abduction from police custody” and demonstrates the vulnerable position they find themselves in.
Esau further pointed out there was absolutely no reason for them to have been arrested and that there is no evidence or reason to fear that they would jeopardise the investigation.
According to him, they will suffer grave and irreparable harm if they remain in custody.
“The ultimate relief we seek is that we be released from unlawful custody and that the process, which in our view is unlawful, is set aside. We are advised that this relief is inherently urgent and it concerns our right to liberty,” he said.
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JEMIMA BEUKES AND OGONE TLHAGE
He also claims in an affidavit handed in as part of an urgent application to be released from police custody, along with his co-accused, that former justice minister Sacky Shanghala and former Fishcor board chairperson James Hatuikulipi were left with backaches as a result of the rough ride on the gravel road between Seeis and their farms.
Meanwhile, 31-year-old Nigel van Wyk, who was arrested over the weekend for allegedly attempting to remove evidence relating to the Fishrot case from Shanghala's house, appeared in the Windhoek Magistrate's Court on a charge of obstructing the course of justice.
His lawyer Marvin Katuvesirauina said his client will apply for bail on 10 January 2020.
The defence and prosecution also agreed to postpone the matter to 20 March 2020 for further investigation.
Van Wyk is believed to have been an employee of Olea Investments, a company owned by Shanghala. Olea allegedly received US$330 000 in bribes paid by Iceland seafood company Samherji, which is at the centre of the Fishrot scandal.
A female suspect linked to the matter was also arrested, but was later released.
Anti-Corruption Commission (ACC) investigator Phelem Masule said the evidence collected against her was not compelling enough to keep her in custody.
Mistreated at court
Esau said in his affidavit that he and his co-accused are “being treated in the most unusual manner by police when we have to attend court”.
“We are being paraded in handcuffs with members of media having access to take pictures, which are widely published in newspapers.
“Our rights to receive visitors whilst in custody are also severely limited. We are allowed visitors only on Sundays,” Esau lamented.
He said ACC investigators forced him, Shanghala and Hatuikulipi into the back of a police van last Thursday and drove with them to their farms for a search of the properties.
An urgent application by Esau, Shanghala, Hatuikulipi, Ricardo Gustavo, Tamson 'Fitty' Hatuikulipi, who is Esau's son-in-law and Pius 'Taxa' Mwatelulo is due to be heard in the High Court.
“Our liberties have been taken away through a completely invalid process,” Esau claims in his affidavit.
Esau and his co-accused are asking the court to review and set aside the decision to issue their arrest warrants.
They also want the court to review and set aside both ACC director-general Paulus Noa's decision to refer their case to the prosecutor-general for prosecution, Prosecutor-General Martha Imalwa's decision to institute charges against them and Windhoek magistrate Linus Samunzala's decision to postpone their case to 20 February, while keeping them in custody.
In his founding affidavit Esau explains elaborately how they have been mistreated, including how his co-accused had aches after they were transported in a police van.
He also claims they have been restricted from consulting with their lawyers.
Esau is further aggrieved by additional and new search warrants served upon them by the police, which in his view may delay the investigations for years.
Abduction
Esau is also not happy that he, Shanghala and Hatuikulipi were taken along to search their respective farms.
This, he said, boils down to “abduction from police custody” and demonstrates the vulnerable position they find themselves in.
Esau further pointed out there was absolutely no reason for them to have been arrested and that there is no evidence or reason to fear that they would jeopardise the investigation.
According to him, they will suffer grave and irreparable harm if they remain in custody.
“The ultimate relief we seek is that we be released from unlawful custody and that the process, which in our view is unlawful, is set aside. We are advised that this relief is inherently urgent and it concerns our right to liberty,” he said.
[email protected]
JEMIMA BEUKES AND OGONE TLHAGE
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