TAMSON ‘Fitty’ Hatuikulipi – son-in-law of former fisheries and marine resources minister Bernhard Esau and one of the key accused in the Fishrot fishing quotas fraud and corruption case – says tens of millions of dollars paid to him by the Icelandic fishing company group Samherji were for consultancy services delivered to the group.
Hatuikulipi provided this explanation yesterday when he testified in support to a second bail request by him at the Windhoek High Court.
Nearly two decades after his father-inlaw filed a joint bail request with Windhoek Magistrate’s Court but it was rejected, Hatuikulipi now has the opportunity to testify in person about his charges and his reasons for requesting bail.
Hatuikulipi (41) and Esau (64) were both taken into custody at the end of November 2019. They did not appear in person during their joint bail hearing on July 2020.
The state claims Hatuikulipi introduced members of the Samherji Group to the Namibian fishing industry around 2011, and that they then devised an arrangement through which Samherji could access Namibian fishing quotas, from which the Icelandic company, as well as the Fishrot defendants, benefited.
The indictment sets out the charges against Hatuikulipi in the matter. It also alleges that Hatuikulipi was involved in fraud and corruption in the allocation of Namibian fishing rights to which Samherji companies had access. Hatuikulipi also allegedly derived nett financial rewards of approximately N$17 million through payments into his personal bank accounts.
Hatuikulipi allegedly received additional financial rewards totaling N$40.6 million through payments to businesses and corporate entities that he controlled.
Hatuikulipi is charged as a personal representative and also as representative of his close corporations Erongo Clearing and Forwarding CC and JTH Trading CC and Fitty Entertainment CC.
Hatuikulipi, in his testimony, stated that he had done consultancy work for the Samherji Group by linking it to Namibian fishing rights holders and potential buyers of fish caught by Samherji businesses.
He said this happened after a former school friend had introduced him to a Samherji employee, Jóhannes Stefánsson, in 2011.
Stefánsson later became a whistleblower who reported alleged large-scale fraud and corruption in Samherji’s business operations in Namibia to the Anti-Corruption Commission.
He will be one of the prosecution witnesses during the Fishrot trial.
Hatuikulipi said after their first meeting, Stefánsson introduced him to other Icelandic representatives of Samherji, which was trying to enter the Namibian fishing industry but had difficulties in finding Namibian partners with fishing rights and quotas.
He said in January 2012 he received a payment of N$300 000 from Samherji, and he introduced Stefánsson and other Samherji representatives to his cousin James Hatuikulipi, who had a wide range of contacts in the business world.
Hatuikulipi stated that he and James Hatuikulipi worked for Samherji. He also managed to link the group and three groups of Namibian fishing rights owners, who then signed quota usage agreements.
“We really worked hard,” Hatuikulipi said.
He said that JTH Trading and Erongo Clearing and Forwarding, his close corporations, had entered into consultancy agreements with Samherji businesses and were paid after they invoiced them for their services.
This work, he said, involved advising the companies on “relations with key players in the Namibian fishing industry” and introducing potential buyers of fish in countries like the Democratic Republic of Congo, Zambia and Angola to the Samherji group.
His close corporate friends received funds for consultancy work. He recounted that N$20,7 million was paid to JTH Trading in March 2018 and September 2019. N$30million was paid to Erongo Clearing and Forwarding in May 2014 and June 2018, respectively.
“The amount earned was acquired lawfully in the course of normal business for services rendered,” Hatuikulipi told the court.
On the charges he is facing – including counts of racketeering, fraud, money laundering, tax evasion and contraventions of the Anti-Corruption Act – Hatuikulipi said he would plead not guilty at his trial.
He stated that he was committed to his trial.
“I have no reason to run, because I’m innocent. I want to finalise this case, and clear my name,” he said.
He stated that he does not have the necessary facilities to prepare for a trial while he is in custody. He also said that he estimated that the trial could take between 10 to 15 years due to the extent of the evidence that was provided to him and his fellow-accused.
The bail hearing continues.
Hatuikulipi will be represented by defense lawyers Richard Metcalfe Florian Beukes, Roberto Avila.
Hesekiel, the state advocate, is represented by Filemon Nyau and Ed Marondedze as deputy prosecutor general.
Source: namibian
