PG appealing Esau’s access to frozen assets

WINDHOEK, 04 SEP (NAMPA) - Prosecutor General Martha Imalwa has lodged an appeal in the Supreme Court, contesting a High Court ruling that granted former Fisheries and Marine Resources Minister, Bernhardt Esau, access to his frozen assets.
The order permits Esau to use funds from his frozen accounts to pay for legal representation.
This information was disclosed by his lawyer, Florian Beukes, on Wednesday.
Beukes informed the presiding judge, Moses Chinhengo, that his client would be joining former Justice Minister, Sakeus Shanghala in an application seeking to separate him, James Hatuikulipi, and Pius Mwatelulo from the main criminal trial until they can secure legal representation.
The men are implicated in a corruption scandal involving the Icelandic fishing company Samherji and are accused, among other charges, of receiving bribes in exchange for fishing quotas.
Shanghala is seeking a separation to allow him time to secure a lawyer without prejudicing his co-accused, who are ready to proceed with the trial.
Arrested in November 2019, the suspects are charged alongside Tamson Hatuikulipi, Mike Nghipunya, Nigel van Wyk, Ricardo Gustavo, Otneel Shuudifonya and Phillipus Mwapopi.
Beukes indicated that he has been representing Esau for free over the past three years and is now in a difficult position due to Imalwa’s appeal in the Supreme Court. He stated that he would continue to represent Esau on a pro bono basis but is uncertain whether he will withdraw as his lawyer in the main criminal trial.
“That brings us to square one. We are unable to say whether or not we will withdraw. However, we will file our notice to oppose the appeal in the Supreme Court today. This will leave us in a state of uncertainty. We do not know, and we cannot predict how long the Supreme Court will take or whether we will succeed in the appeal,” Beukes said.
In July, Judge Beatrix de Jager ordered that N.dollars 3.5 million be released from Esau’s frozen assets to pay for future and outstanding legal fees. The money was to be paid into the Metcalfe Beukes Attorneys’ account. Judge Chinhengo has scheduled the hearing for 13 September 2024.
(NAMPA)
EB/HP/AS