By: Justicia Shipena
The Prosecutor-General says an application by First National Bank (FNB) in the fishrot matter was unnecessary.
This came when the Bank approached the court to protect its interests in certain specified movable and immovable assets that it financed and is owned by the fishrot accused.
According to court documents, the prosecutor general of the Bank is protected by the Prevention of Organised Crime Act, 2004 (POCA).
In this vein, the prosecutor general also raised a point of non-joinder.
“The Bank should first have sought leave to join and, after that, pursued the balance of the relief,” it reads.
Moreover, the relief sought allows an order to join the fishrot matter.
“The order shall not affect the Bank’s interests in the specified assets and the event of the sale of such assets. The proceeds would go first to settle the debts owed to the Bank.”
Additionally, the Prosecutor general says if any assets are insufficient to contribute to a confiscation order positively, the Bank is entitled to pursue any remedy available.
“The relief sought, therefore, amount simply to a variation or, rather, clarification of the rule to make it clear that the final order would not detract from the Bank’s rights.”
Hence, the Prosecutor-General opposed the application.
“The application was not necessary and that the Bank’s rights were in any event, properly secured.”
Thus, a case has been made out for the relief sought and an order to be granted.
Furthermore, a restraint order was made out in terms of POCA.
FNB applied for this order against Fishrot, accused Richardo Gustavo, Pius Mwatelulo, Esja holdings and Esja investment.
The order restraint provisions that any person who has financial obligations regarding any of the property is ordered to fulfil it.
The order will be executed under the supervision and control of the curator bonis.
Hence, the accused are ordered to surrender all property into the custody of the curator bonis.
“Any other third party who is in possession or control of any of the property and who in any way receives notices of this order is hereby ordered to surrender such property within 24 hours after receiving notice to the curator bonis.”
