
After years of legal hurdles and postponements, the high-profile Fishrot corruption trial is finally set to begin tomorrow, that is if there are no surprise applications to halt the scheduled proceedings.
The 10 accused men were arrested in 2019, and are facing charges involving allegations of large-scale corruption and money laundering linked to the allocation of fishing quotas, with an estimated loss of hundreds of millions of dollars to the government.
The Fishrot accused face a total of 42 charges, with judges on the bench remarking that they may face severe custodial sentences should they be found guilty.
Since their arrest six years ago, the accused-including former ministers Sacky Shanghala and Bernard Esau, business executive James Hatuikulipi, and several others, have employed various legal manoeuvres resulting in multiple delays to the trial.
One of the major setbacks has been repeated changes and complications in securing legal representation for some of the accused, as some saw the withdrawal of their lawyers from the matter.
Shanghala, in particular, who is still without legal representation, stated in August 2024 that he would only be ready for trial by August 2025, citing the need for more time to prepare his defence.
In September 2024, Shanghala, along with Hatuikulipi and co-accused Pius Mwatelulo, filed an application seeking a separation of trials, arguing that this would allow them more time to secure adequate legal counsel.
However, presiding Judge Moses Chinhengo dismissed the application in November 2024, and said the accused persons had been given reasonable time to arrange their defence.
Another notable challenge has been the accused's attempts to challenge the appointment of Judge Chinhengo.
Several applications have been filed seeking to have him recused, further contributing to the delays.
Despite multiple bail applications by the accused over the years, all but two have succeeded, with Nigel Van Wyk out on bail of 20 thousand dollars.
In December of 2021, Ricardo Gustavo was granted bail of N$800,000.
Gustavo had proposed stringent conditions, including house arrest and wearing a GPS tracking device at his own expense.
But despite these assurances, the Supreme Court overturned bail in December 2022, citing concerns about the severity of the charges. This resulted in Gustavo returning to his previous residential address which is the Windhoek Correctional facility.
The prosecution is expected to present a complex case involving allegations of fraud, money laundering, and abuse of office, while the defence will seek to challenge the evidence and legal basis of the charges.