Namibia: Supreme Court Clears Way for Esau to Use Frozen Funds for Fishrot Legal Defence
The Supreme Court has dismissed an appeal by the prosecutor general (PG) against a High Court judgement in which former minister of fisheries and marine resources Bernhard Esau was allowed to get access to frozen funds to pay for his legal representation in the pending Fishrot trial.
Appeal judge Hosea Angula and acting judges of appeal Dave Smuts and Theo Frank dismissed the appeal by the PG after a hearing in the Supreme Court last week.
According to a court order seen by The Namibian, reasons for the court's decision will be given later.
PG Martha Imalwa appealed to the Supreme Court after High Court judge Beatrix de Jager ordered in July last year that a total amount of about N$3.4 million should be released from Esau's assets, which have been placed under a property restraint order in terms of the Prevention of Organised Crime Act since November 2020.
De Jager ordered that about N$1.2 million should be released from Esau's restrained assets to pay his current legal expenses, and about N$2.2 million should be released from his assets, which have been placed under the control of curators, to cover his expected future legal expenses.
The funds should be paid into a trust account of the law firm Metcalfe Beukes Attorneys, De Jager ordered.
The law firm has been representing Esau in the Fishrot case about the alleged corrupt use of Namibian fishing quotas approved by Esau during his tenure as fisheries minister.
Esau (67), who has been held in custody since being arrested near the end of November 2019, informed the High Court in a sworn statement that he has an outstanding bill of about N$1.2 million for legal services provided by Metcalfe Beukes Attorneys.
In addition to that, defence lawyer Florian Beukes would require about 62 days to prepare for the Fishrot trial, and would charge about N$1.1 million - N$18 000 per day - for his trial preparations, Esau said in his affidavit.
He also said Beukes' additional fees to represent him during 60 days of proceedings in the trial would amount to about N$1.1 million.
In a further sworn statement also filed at the court, Esau said he did not succeed with attempts to obtain state-funded legal representation.
According to Esau, his assets under a property restraint order include his Omaheke region farm, valued at about N$17.9 million, a house in the Hochland Park area of Windhoek that is valued at about N$3.8 million, five motor vehicles with a combined value of about N$840 000, livestock and six bank accounts with a combined credit balance of about N$3.6 million.
His liabilities include an amount of about N$1.2 million that he owes Metcalfe Beukes Attorneys, and a tax liability of about N$2.3 million, which he is disputing, Esau said in his affidavit.
De Jager noted in her judgement that the court was informed there is close to N$3 million in a bank account from which Esau and his wife are not allowed to withdraw money, due to the restraint order.
According to figures disclosed to the court, the value of Esau and his wife's assets exceed their liabilities by far, and there are sufficient assets under the restraint order to cover Esau's legal expenses, De Jager said.
Beukes represented Esau in the Supreme Court appeal.
The PG was represented by state advocates Mariette Boonzaier and Annerie Keulder.
The Fishrot fraud, corruption and racketeering trial, in which Esau is one of 10 individual accused, is scheduled to continue in the High Court from 4 August.
Read the original article on Namibian.