Windhoek:The State has opposed Ricardo Gustavo's request for additional details in the ongoing Fishrot corruption trial, asserting that the current indictment and evidence provide sufficient information for the defense.
According to Namibia Press Agency , State Advocate Cliff Lutibezi Lutibezi presented this argument to High Court Judge Eileen Rakow, challenging Gustavo's application for further particulars of the charges against him. Lutibezi contended that the defense's request was not due to a lack of understanding of the allegations but rather an attempt to compel the State to detail specific information about its case.
Lutibezi emphasized that the purpose of requesting further particulars is to aid the accused in comprehending the allegations and preparing their defense. He argued that this requirement had been fulfilled through the indictment, witness statements, documentary evidence, and access to the police investigation docket. The indictment outlines the alleged offenses from counts three to 42, with Lutibezi suggesting that the defense should pinpoint the counts involving Gustavo.
Gustavo, along with others including former justice minister Sakeus Shanghala and former fisheries minister Bernard Esau, was arrested in 2019 on allegations of receiving bribes from Icelandic fishing company Samherji in exchange for fishing quotas. However, lawyer Ileni Gebhardt, representing Gustavo, criticized the State's stance, accusing it of dismissing the accused's need for more information.
Gebhardt argued that clarity was needed on the specific actions of each accused, the timing, the parties involved, and the financial or property matters concerned. She cautioned that lacking these details could hinder the defense's preparation for cross-examination and assessment of the State's evidence, as well as the determination of needed expert assistance.
Gebhardt urged the court to mandate the State to provide separate particulars for each accused within 21 days or, alternatively, specify the document pages containing the necessary information. The trial proceedings continue at the Windhoek High Court.