High Court Judge David Munsu will deliver his ruling on whether he will entertain a bail application filed by Tamson Hatuikulipi, one of the men accused in the biggest fishing corruption scandal in Namibia, tomorrow.

The bail application was filed at the High Court based on new facts, Munsu heard on Tuesday.

The new facts on which Hatuikulipi now seeks bail, among others, include the delay in the start of the initial trial, which was scheduled to commence in October of 2023; the continued incarceration of Hatuikulipi; the financial hardship he faces; and the deprivation of emotional support, having been unable to see his two minor children for the past four years.

Mbanga Siyomunji, who is representing Hatuikulipi, further argued that additional disclosures, mainly emails from Iceland, have come to the fore that contain communications and correspondence with various entities, including Johannes Stefansson. The evidence, he says, will demonstrate that Hatuikulipi’s income was solely business-related, countering Stefansson's claims.

But the state argued that Hatuikulipi does not have any new evidence, saying that what he has brought to court is an amplification of his previous attempts to be granted bail.

Mossy Ipinge, Deputy Prosecutor General, argued that the continued detention of Hatuikulipi cannot be considered a new fact, as this is a natural consequence of being denied bail. He argued that all the apparent ‘new facts’ have been dealt with during the previous bail applications, which have failed.

He says that should the court entertain the bail application, it could be seen as an abuse of the process by the applicant.

Siyomunji informed the court that the state's attempt to block the proceedings of the new bail application is mind-boggling and dumbfounding and has left him in a flabbergasted state.

The proceedings are adjourned to Wednesday at 11:30.