An attempt by six men accused of looting public resources at an industrial scale through the Fishrot syndicate to be released on bail was dismissed in the High Court on Friday.

Handing down his judgment here, High Court judge Shafimana Ueitele said former Cabinet minister Sacky Shanghala, James Hatuikulipi, Mike Nghipunya, Pius Mwatelulo, Otneal Shuudifonya and Phillipus Mwapopi failed to prove their worthiness as candidates for bail.

The State, on the other hand, convinced the court that it has a strong case against the accused, for which if convicted, they would face heavy prison sentences.

The State effectively argued that based on the evidence before it, the accused acted in common purpose during the syndicate, which saw over N.dollars 317 million diverted from Fishcor for personal gain.

The State also believes the accused can abscond as they now know full well the veracity of the charges they face, despite all denying that they are flight risks.

“Shanghala attempted to defeat or obstruct the course of justice because he allegedly sent one of his co-accused to remove documents and evidence relating to this case from his residence, while Hatuikulipi attempted to bribe members of the Anti-Corruption Commission (ACC) with an amount of N.dollars 250 000,” the State said.

“I am thus satisfied that the likelihood that the applicants will, if released on bail, suppress or distort evidence relating to that sum of money is real,” Ueitele found.

In his submission, Shanghala had told the court inter alia that he has been a loyal public servant for two decades.

Hatuikulipi is a commercial businessman and farmer, whose business empire is in tartars due to his incarceration.

Both men require special medical attention.

Mwatelulo, on his part, has 90 employees whose employment remains uncertain due to his arrest.

During his time as acting and later substantive chief executive officer of the National Fishing Corporation (Fishcor), Nghipunya transformed the fortunes of an entity he found on the brink of collapse, he said.

Shuudifonya and Mwapopi argued that the State has no “prima facie case” against them.

They all claim to be sole breadwinners for their families, spouses and employees.

“The personal circumstances, that is their health, their family relations, employment and the business environments which the applicants place before are neither unusual nor do they singularly or together warrant the release of the applicants in the interest of justice,” Ueitele said.

Shanghala, Hatuikulipi and Mwatelulo argued that their fundamental right as entrenched in Articles 7, 8 and 12 of the Namibians Constitution was being violated.

Ueitele found no evidence to back the claims, noting their arrests were neither arbitrary nor unlawful.

“I have come to the conclusion that the applicants have not discharged the full onus resting on them to demonstrate that their continued incarceration is in violation of their constitutional rights,” Ueitele said.

Source: The Namibian Press Agency