SIX Icelandic companies that were involved in the Fishrot fishing quotas corruption and fraud scandal have lost another case against the prosecutor general (PG), in a Prevention of Organised Crime Act matter at the Windhoek High Court.
Orben Sibeya, judge, dismissed a Thursday application by six companies seeking to appeal against a March 2013 ruling Sibeya had made.
Sibeya ordered that the companies pay the legal expenses incurred by the prosecutor-general in connection with their latest application.
These six companies include Esja Holding and Mermaria Seafood Namibia. These companies are part the Icelandic fishing group Samherji. It is alleged that the group was involved in large-scale fraud in the use Namibian fishing quotas and corruption.
The six companies asked Sibeya previously to issue an order calling for oral testimony to be given about certain aspects in a case. Martha Imalwa, prosecutor general, was granted an interim property restriction order in November 2020 over assets that were connected to the Fishrot investigation.
The companies also wanted the judge to permit them to cross-examine Imalwa about her decision to criminally charge three Icelandic directors of the companies – Adalsteinn Helgason, Egill Helgi Árnason and Ingvar Júlíusson – and have them extradited to Namibia, and to cross-examine former Samherji manager Jóhannes Stefánsson, who as whistleblower revealed the Fishrot case, in an effort to establish if he would indeed be testifying in the pending High Court trial about the case.
Sibeya rejected the companies’ request and ordered them to pay the legal costs of the prosecutor general in the matter at the end March. The judge delivered his ruling on Thursday and stated that the previous ruling was not final in the matter and could still be revisited.
Sibeya said that if Imalwa failed or refused to extradite the Icelandic directors, Sibeya would not acquit them and there would be no property confiscation orders against the companies they represent. He suggested that this may make it unnecessary for the companies to cross-examine Imalwa.
Raymond Heathcote, senior counsel, argued the appeal on behalf the companies. Wim Trengove was the senior counsel who argued the case for prosecutor general.
Source: namibian
