The lawyer Richard Metcalfe who is representing former fisheries minister Bernard Esau and his son-in-law Tamson Hatuikulipi had the ACC investigator Willem Olivier unable to answer some questions during cross-examination Thursday.Metcalfe accused the ACC investigator Willem Olivier of having no knowledge of the fishing industry.
Metcalfe said this when he cross-examined the Olivier during the ongoing bail application lodged by Esau and Hatuikulipi in the Windhoek Magistrate’s Court Thursday.
Esau and Hatuikulipi are accused in the Fishrot scandal together with former justice minister Sacky Shanghala, James Hatuikulipi, Pius Mwatelulo, Ricardo Gustavo, and Mike Nghipunya, the suspended Fishcor CEO.
The scandal is believed to have started in 2014 after Esau had pushed for the amendment of the Fisheries and Marine Resources Act.
Metcalfe argued that the amendment was meant to benefit as many people as possible.
He also argued that after the act was amended, more than 90 000 people became beneficiaries through quotas.
According to Metcalfe, most Namibian fishing rights-holders have neither financial nor vessels to harvest their quotas.
Olivier was then asked what CLM means and when he said that he knows what he is reading, Metcalfe dug into him saying his problem was having no knowledge of how fishing regulations work.
ACC documents don’t make sense
Metcalfe, claims that the documents the ACC has provided the court do not make sense.
According to Metcalfe, the documents Olivier brought to court do not make sense and have no connection with what the investigator said.
Metcalfe claims that there are no documents to back up what Olivier was saying and was trying hard to paint a false picture.
On the issue of bail, Metcalfe said Esau can be held under house arrest at his Omaheke farm and that he can be reporting to Witvlei Police Station on a daily basis.
Esau has offered his assets valued at N$23m and N$50 000 in cash to get bail.
Metcalfe said that if Esau interferes with the investigation then he stands to lose these assets that include a farm and several vehicles.
In addition, Metcalfe said the ACC has Esau’s bank accounts.
Olivier, however, said Esau and co-accused are facing serious charges and that some of the Fishrot-accused have tried to interfere with investigations.
ACC investigator refuses to answer questions
The ACC investigator in the Fishrot scandal Willem Olivier had to dodge questions from former fisheries minister Bernard Esau’s lawyer Richard Metcalfe during cross-examination Thursday.
Metcalfe is representing Esau and his son-in-law Tamson Hatuikulipi in their bail application in the Windhoek Magistrate’s Court.
Esau and Hatuikulipi were arrested in November last year in connection with the Fishrot scandal.
In a hard-hitting cross-examination, Metcalfe accused Olivier of conspiracies and treating some lawyers as untouchable.
On more than three occasions, Olivier refused to answer questions, saying at one point that he would not expose himself to any of Metcalfe’s questions.
According to Metcalfe, the Financial Intelligence Centre alerted the ACC about the payments from Fishcor that went into Sisa Namandje’s account since 2014.
When Olivier refused to answer, Metcalfe charged that it appeared the ACC had certain species they cannot touch.
“They are called lawyers. Am I wrong?” Metcalfe asked.
Olivier refused to answer, and Metcalfe dug into the investigator again.
“Was the ACC notified in respect of any discrepancies regarding the Trust of Sisa Namandje? Yes or no?”
Again, Olivier refused to answer.
Once again, Metcalfe rammed in: “Was the ACC on several occasions notified by the Financial Intelligence Centre about suspicious transactions to the Trust of Sisa Namandje?”
This time Olivier said he could not discuss now whether the Financial Intelligence Centre had alerted the ACC about the transfers in court.
