Judge Rejects Bid to Step Aside in Fishrot Trial
By Aneli Fura
The High Court has dismissed an attempt to have Judge Marelise du Plessis removed from presiding over the high-profile Fishrot corruption trial.
The application for her recusal was brought by former justice minister Sacky Shangala, with co-accused James Hatuikulipi and Mike Nghipunya joining the request. In court documents, Shangala argued that the judge should step down from the matter. The applicants further asked that the trial be postponed until another judge is appointed if the recusal application were to succeed.
Judge du Plessis, however, rejected both the request for her withdrawal and the application to delay the proceedings pending the appointment of a new judge.
Following the ruling, the applicants’ legal representative indicated that they intend to apply for leave to appeal the decision not to postpone the case. The court has scheduled that hearing for 13 April.
State prosecutor Cliff Lutibezi confirmed that the prosecution will oppose the application for leave to appeal. Accused number one, Ricardo Gustavo, had earlier indicated that he would strongly oppose the recusal bid.
The Fishrot matter centres on allegations that several senior figures corruptly received payments amounting to at least N$300 million in exchange for granting the Icelandic fishing company Samherji preferential access to Namibia’s horse mackerel fishing quotas.
Those standing trial alongside Shangala, James and Tamson Hatuikulipi, and Nghipunya include Pius Mwatelulo, Bernhard Esau, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk.
The accused collectively face 42 charges, including racketeering, contravening the Anti-Corruption Act, conspiracy, fraud, theft, money laundering, corrupt use of office for gratification, and defeating or obstructing the course of justice.
