Despite objections from the Prosecutor General, the Court approves the hearing of two witnesses
On Monday morning, the Court of the High Court of Justice began the appeal proceedings in the Flamingo case. The appeals were filed by Otmar Oduber, Farida Esser, and Rachelle Wever. This session was not the trial itself, but a procedural “regie” hearing, where the attorneys have the opportunity to request investigations they believe are necessary.
Farida Esser had been acquitted, but the Public Prosecutor’s Office appealed this decision. In Oduber’s case, both his attorneys, Mr. Illes and Mr. Carlo, as well as the Public Prosecutor, appealed the ruling, and Wever also appealed the verdict. Notably, an additional Prosecutor General was present to assist, meaning two PG representatives attended this session. Only Oduber’s defense requested the hearing of additional witnesses.
Oduber Maintains His Innocence
After the PG presented all accusations against Oduber, Esser, and Wever, the Court asked Oduber why he chose to appeal. Oduber responded that he appealed because he is convinced he did nothing wrong. He emphasized that the appeal is extremely important for his career and for clearing his name.
Attorney Mr. Carlo reiterated that they stand by their requests, even though the PG objected. The defense asked the Court to hear Ms. Wever again regarding the Malmok case, even though the PG believes she has been sufficiently questioned. They argued that clarity is needed regarding the land transfer process to show that Oduber should be acquitted.
Regarding the “ghost employees” issue, the defense claims that Oduber was unjustly convicted based on a civil case ruling that was used as evidence in the criminal case. They argued that the civil ruling is unrelated to the criminal accusations. They requested that six witnesses be heard to clarify the matter involving ghost employees — individuals who were allegedly paid without performing work.
Court Questions Oduber
The Court asked Oduber whether he remembered his statements in the Court of First Instance regarding the Malmok case. The Court noted that Oduber previously stated he wrote a policy for the allocation of public land, including exceptions for those seeking large parcels. Oduber explained that he created the policy and that these exceptions were known to the government but were not published. He said he informed the press verbally, but did not release the written exception publicly.
The PG responded by saying he saw no need for further questioning.
Oduber Becomes Emotional
Oduber told the Court he believes it is essential to hear the witnesses because they can demonstrate that the land allocation policy existed before he became minister and continues to be used today. He became emotional, explaining that this case has been ongoing for years and has greatly affected him. He asked the Court to reach a decision as soon as possible.
Two Witnesses Will Be Heard
The Court took time to deliberate and returned after approximately half an hour. It decided not to rehear the witnesses in the Malmok case, stating that they have already been adequately questioned.
However, regarding the six requested witnesses in the “ghost employees” case, the Court approved the hearing of two witnesses — those who worked most closely with Oduber at that time. The remaining requests were denied.
The Court also assured Oduber that it will thoroughly examine whether ghost employees existed and will not rely on the previous civil case ruling.
Trial Scheduled for June 2026
The Court instructed the examining magistrate to hear the approved witnesses.
The Court scheduled the trial for June 1, 2026, and reserved the entire week to ensure there is enough time to handle the case properly.
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