The release on bail of "Fishrot" accused Ricardo Gustavo will now be determined by the Supreme Court. This comes after Chief Justice Peter Shivute granted permission to the Prosecutor General to challenge the granting of bail to Gustavo. Gustavo was released by High Court Judge Herman Oosthuizen last year in November on an N$800 000 bail, under stringent conditions. The Prosecutor General however brought an application for leave to appeal against the High Court's decision. Judge Oosthuizen initially declined the PG's leave to appeal application, reasoning that the court has the discretion to impose bail conditions, to provide freedom to the accused in the interest of justice or the interest of the administration of justice. He said the bail conditions imposed on Gustavo are sufficient to address the interests and concerns of both the accused and the State, while at the same time delivering justice. Oosthuizen thought that there are no reasonable prospects that the Supreme Court will come to a different conclusion. Advocate ED Marondedze on behalf of the PG however says Judge Oosthuizen erroneously failed to consider and appreciate that the concept of public interest or the administration of justice is broader, adding that the judge failed to demonstrate that the grounds on which Gustavo's case was brought before the court were new. Gustavo's co-accused former Justice Minister Sacky Shanghala, former Chairman of Fishcor James Hatuikulipi, former CEO of Fishcor Mike Nghipunya, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi were denied bail by Windhoek High Court Judge Shafimana Uietele. Tamson Hatuikulipi is currently fighting for his liberty in the High Court. The group, alongside former Fisheries Minister Bernhard Esau and now at large lawyer Marèn de Klerk, is charged for corruptly receiving payments worth millions of dollars to allow Icelandic fishing company Samherji secure fishing quotas in Namibia.