A defence lawyer representing one of the 11 suspects in the Fishrot case accused the Anti-Corruption Commission of bias and unfairness for selectively pursuing suspects involved in the fishing corruption scandal.

Richard Metcalfe, who represents Tamson Hatuikulipi, when cross-examining investigator, Andreas Kanyangela, claimed the ACC is not targeting everyone involved, but only a few suspects.

Metcalfe, who is fighting tooth and nail to secure bail for Tamson Hatuikulipi before acting Windhoek High Court Judge David Munsu, demanded reasons from Kanyangela why people who received large sums of funds in the case appear to have been left scot-free.

He specifically raised concern with payments of millions of dollars to Swapo Party Oshikoto Regional Co-ordinator, Armas Amukwiyu, businessman Adriaan Louw, and fugitive lawyer Maren de Klerk.

He says evidence shows De Klerk used proceeds of N$2.3 million to pay off a bond.

Metcalfe also expressed shock at why no cases have been lodged against Louw, and why Amukwiyu got a portion of the funds from his client's cousin, James Hatuikulipi, allegedly stolen from the state-owned National Fishing Corporation of Namibia. 

Metcalfe says the ACC discriminated against his client by arresting him on the spot when he came to provide evidence, while Louw and De Klerk, who appear to have committed crimes, were allegedly allowed to remain untouched until this date.

Metcalfe also criticised the ACC's conviction record due to the withdrawal of cases and the lack of guilty verdicts after trial.

He also claimed that a report by Deloitte and Touche on the case, which cost the ACC about N$ 15 million, was illegal and biased against his client, as Hatuikulipi and his co-accused were not provided with any opportunity to share their side of the story. 

The ACC, Metcalfe established, has also failed to obtain any affidavits from seven of the 10 countries they approached to gain access to records involving the cases, which he insists proves that investigations remain incomplete, and his client will unfairly be kept in custody until they are completed. 

Kanyangela, in response, said investigations are complete, and they are ready for trial.

The cross-examination continues tomorrow morning at 10h00.