"JÓHANNES knows that there are no emails that show instructions to pay a bribe. That's why he says I gave the instructions in a different way. Jóhannes Stefánsson is wrong. I gave no such instructions."
This was said by Thorsteinn Baldvinsson, chief executive officer (CEO) of Samherji, in a video that the company produced and published a year after the Namibian affair was revealed.
In it, he referred to the words of his former subordinate, Stefánsson, a whistleblower in the Samherji affair.
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However, there are other indications that something different had happened when Samherji quickly became a giant in the Namibian fishing industry, between 2011 to 2019.
All was revealed in autumn of 2019.
The revelation was based on data from Stefánsson's possession which included emails, memos, accounting records and bank statements from the operations in Namibia.
The database published by Wikileaks showed that Samherji had paid large sums of money to a group of Namibian politicians and influential people, through various means.
This same group also appeared to have used its influence and power to bring valuable Namibian government quotas to Samherji on unusually favourable terms.
Although this data showed that the Samherji CEO had held numerous meetings with this group, via emails and memos openly discussing the abnormal relationship between Samherji and the board members, emails from Baldvinsson himself could only be counted on the fingers of one hand.
After the matter became public and public investigations began, Baldvinsson stated that he had had little or no contact with Stefánsson while he was managing Baldvinsson's fishing business in Namibia.
He said he had not been Stefánsson's superior and knew little about him. Had that been the case, Baldvinsson said, he would have fired Stefánsson long before they actually parted ways.
"I had nothing to do with the man," said Baldvinsson during questioning by the district prosecutor shortly after the investigation into the Namibia Fishrot case began in 2019.
"I called Baldvinsson and he immediately gave the green light for us to pay James what was intended for the president," Stefánsson told an Al Jazeera journalist in a discussion of the Samherji documents in December 2019.
Stefánsson has claimed that the biggest and smallest decisions in the operation of the fishing company in Namibia were made with full awareness, in consultation with and according to orders from Baldvinsson.
Coomunication included emails, closed meetings, phone calls, messages and video calls.
"I didn't do anything without his involvement." Stefánsson said.
In Kveik in November 2019, he described what had taken place as the instigation of Baldvinsson.
That is why Baldvinsson phrased his refusal as he did, and there was no evidence to prove the contrary.
That is until technicians from the district attorney's office found copies of old communication data from Stefánsson's old computer in March of last year, including a long-lost cell phone which contained thousands of messages that he sent and received over a period of several years.
For example, Stefánsson's interactions with nine former colleagues who, like him, are under investigation for bribery and corruption crimes at Samherji in Namibia.
This communication data provides better insight into Samherji's dynamics, but at the same time is considerably different from what the CEO and the company itself have drawn up.
The most significant difference is in the messages sent, both via SMSes and Skype. More than 1 450 messages were sent between 2013 and 2016, and do not cover the entire five-year period that Stefánsson worked in Namibia.
The volume of communication nevertheless amounts to more than one message being exchanged between the two of them every single day during this period.
The Skype messages that were found span a two-year period and the call log only a two-month period in autumn of 2015.
The data show about 20 traditional mobile phone calls between Stefánsson and Baldvinsson, the longest being 10 minutes. Both called the other equally often during this time.
These communications were presented to Baldvinsson over a year ago during his last interrogation with the district attorney.
The summary report from the interrogation states:
"Baldvinsson was informed that judging by this, they were in regular communication during this period, but when asked, he chose not to comment on it. He was informed that in a previous hearing in July 2020, he downplayed his communication with
Stefánsson, that he was not Stefánsson's superior and that their communication was limited. When asked whether he wanted to comment on it after these messages were submitted, Baldvinsson said he did not intend to comment."
Of the 1 500 messages, Stefánsson sends just over 1 000 and Baldvinsson almost 500.
During the interrogation, Baldvinsson's attention is drawn to the fact that in their communication Stefánsson does a lot of informing and sending messages.
THE MINISTER'S PARTNERS
The first thing that strikes you when reviewing the communications is how thoroughly they discuss the fishing industry in Namibia; everything down to the smallest details, from billions in quota transactions down to decisions about hiring individual subordinates aboard trawlers in Namibia.
Below is an excerpt from some of the messages that were sent to Baldvinsson which were followed by requests from him for phone calls or video calls:
"Hello, I understand that this could end up being 3 000 per tonne. We need to pay this in the next few weeks, maybe one to three."
"This is a quota for seaflower but goes through an old quota holder."
"The minister asked that we agree to this value now, but the aim is for Seaflower to receive its quota permit, which is in preparation, and we are to be their partners."
"We're dealing with different people, and it's hopeless to explain to them that they have to wait while they know that others have received something."
It is also interesting to see Baldvinsson's reaction when two employees of a marine research institute show up in Namibia on behalf of a United Nations fisheries project. Stefánsson tells Baldvinsson that he met the two men and invited them to dinner.Baldvinsson is often more assertive in his messages. For example, he often asks Stefánsson about fishing, ship arrivals, catch figures, and more. He also often praises Stefánsson when agreements are reached on fishing permits for Samherj in Namibia.
However, the messages exchanged are not only work-related, but also personal. Other messages show Stefánsson and his girlfriend enjoyed Baldvinsson's hospitality in the Canary Islands, visited him in Akureyri, and went hiking together in July 2013.
THE MINISTERS OF ANGOLA
A few days after the hike, Stefánsson sends a message to Baldvinsson and his two subordinates, which contains information that would later become valuable to those involved.
"The minister of fisheries in Namibia and Sacky [Shanghala] were in Angola meeting with the minister of fisheries of Angola to discuss a possible quota for us in cooperation with our people. The meeting was very good and I will possibly go to Angola in the coming weeks."
The charges and investigations by the authorities in Iceland and in Namibia largely ignore what is described there. This is why the two men first mentioned in Stefánsson's message are in custody and trying to defend themselves against decades of imprisonment in Namibia.
Ministers from the two African countries (Namibia and Angola) are alleged to have, through corrupt and illegal means, made an agreement that gave Samherji tens of thousands of fishing permits. And in return, Samherji paid these ministers hundreds of millions of krónur in bribes, through offshore companies of their relatives in Dubai in the United Arab Emirates.
In legal requests to foreign countries, for example, Icelandic authorities have explained their mission and the nature of the investigation as follows:
"Specifically, the investigation is into alleged bribery to public officials in Namibia and Angola or to persons who could influence the decision-making of public officials in these countries. The alleged bribery and corruption offences are believed to have occurred in connection with the allocation of fishing quotas in Namibia and Angola during the aforementioned period [...]
"Among the persons in Namibia and Angola suspected of having participated in corruption offences and accepting bribes in exchange for securing or facilitating the allocation of quotas to members of the Samherji group of companies are James Hatuikulipi, a Namibian businessman, together with two other Namibian persons, Tamson Hatuikulipi and Sacky Shangala. James Hatuikulipi is believed to have used his connections and influence to ensure that the then minister of fisheries of Namibia, Bernhard Esau, allocated or had allocated large fishing permits to the fishing company Samherji and related companies in Namibia and Angola."
At this time, Badlvinsson received numerous messages from Stefánsson about the progress of the infamous intergovernmental agreement between Namibia and Angola. A message that Stefánsson sends says: "the minister is said to have everything ready on his side and that a larger quota is also within reach."
BIG MAN FIRMLY ESTABLISHED
The wording of some of Stefánsson's messages to Baldvinsson piqued the curiosity of researchers.
"Hello, I was in a meeting with my son-in-law, but he came to give me information. Everything is on schedule for next year and we should be optimistic. Also, there is a very strong chance that Big Man will remain in office, elections are now at the end of
November."
During the interrogation, Baldvinsson did not want to answer why Stefánsson referred to two individuals only as "son-in-law" and "Big Man" in messages. Baldvinsson should or could know who was being discussed.
After the case was exposed in 2019, it was revealed that Samherji's closest collaborator in Namibia was the son-in-law of the Namibian minister of fisheries. The minister had the pseudonym "Big Man" in the communications of these groups, and Baldvinsson was called "Big Boss".
'THEN WE'LL DO THIS'
During the interrogation, investigators questioned Baldvinsson about his personal interactions with Stefánsson, in the context of the transactions and alleged bribes that took place around the same time.
An example of this is Samherji's quota transactions with the Namibian state in 2015, in the run-up to which the two men were, as they often have been, in close contact. For example, when Stefánsson appears to have just returned from a meeting with James, the chairman of the Namibian state-owned fishing company, who is currently being detained and charged in Namibia for accepting hundreds of millions of krónur in bribes from Samherji.
"The good thing about this is that James said this morning that they would compensate us if needed. Maybe the idea is to get in like he explained, others are also trying and they need to be kept out. There's definitely politics in this too. But the big picture isn't changing as was discussed.
"They are obviously thinking of a multi-year project and people have been talking about up to 15 years. Then they are talking about up to 40 000 tonnes next year."
Baldvinsson says later that same day:"Are you going to hit?"and Stefánsson agrees.
The next day, Stefánsson sends Baldvinsson a message that says, among other things: "Hello, now he's asking for everything to be paid in advance [...] He says he needs to distribute money to others (of course, state-owned companies and institutions)."
Again, Baldvinsson requests a phone call and later Stefánsson forwards a message to Baldvinsson in which the CEO of the Namibian state-owned shipping company says "it is necessary to pay this way since many people should receive money and it is difficult to explain to some why others get paid and not them."
Again Baldvinsson requests a phone call and again Stefánsson agrees.
Stefánsson sends a message to Baldvinsson later the same day:
"I got in touch with James. He knew about it but he said there was pressure from the big names and it was now. After this time we would have better control over it. He advised us to do it now if we could to keep the matter calm."
Baldvinsson replies to Stefánsson shortly afterwards: "Okay, then we'll do this."
Bank statements show that the transactions in question took place as Baldvinsson had agreed, a few days after these communications took place. He did not want to answer questioning by the district attorney why Stefánsson had been informing him and seeking his approval for this transaction or others, many examples of which can be seen in messages between them.
NEED THORSTEIN'S PERMISSION
The same applies to James. He is the Namibian influencer who is said to have received the highest payments from Samherji, through his personal shell companies. James came to Iceland at the invitation of Samherji, at least twice, and met with Baldvinsson.
During one of Baldvinsson's visits to Namibia, Stefánsson sent him the following message:
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"We only met James after 18h00. I was talking to him. We're going to his house."
As previously stated, Baldvinsson chose to comment little or nothing about the existence or content of these communication records when they were presented to him during his third and final interrogation by the district attorney a year ago.
The investigators obviously wanted to get an explanation for two things. On the one hand, how the data is consistent with Baldvinsson's statements that he had little or no contact with Stefánsson.
On the other hand, how the information from these contacts fits in with Baldvinsson's statements that he was not Stefánsson's immediate superior nor had information, oversight or control over the activities that took place in Namibia, and was not at all informed or included in the plans about anything suspicious or illegal that might have taken place.
Because of this, Baldvinsson was also asked, and chose not to answer, about other newly discovered documents.
Communication between Stefánsson and Arna McClure, Baldvinsson's lawyer and assistant, in 2015:
"Hello Arna, would you be willing to check with Baldvinsson to see if you can take a seat on the board in Namibia. Thanks."
Arna responds to this message by saying that she intends to discuss it with Baldvinsson.
Shortly afterwards, she joined the board of Samherji in Namibia.
The aforementioned McClure is one of nine people who is a suspect in the district attorney's investigation into the Namibia case. McClure closely with Baldvinsson.
Shortly afterwards, Stefánsson and McClure have a conversation about a project related to Samherji's companies in Namibia, which seems to revolve around a fish drying factory that Samherji's partners in Namibia were trying to get Samherji to join them in establishing.
McClure sends Stefánsson an email saying she has doubts about the project. Stefánsson agrees and bets his head if the project doesn't work out for Samherji.
As previously mentioned, Baldvinsson has repeatedly denied any involvement in or knowledge of the activities of the Namibian companies. He has also pleaded not guilty to all charges of criminal offenses. Despite being a suspect in the investigation by the district attorney. Neither Baldvinsson nor his other subordinates have been charged or convicted of any of the offenses under investigation. Neither here nor elsewhere.
In sworn statements to Namibian courts in 2022, the CEO of Samherji and his subordinates all declared their innocence in the case and denied having any knowledge of what the local men were being tried for. Baldvinsson did so in his statement in a
much more emphatic manner than in interrogations in Iceland. There, he denied involvement in even a single quota transaction in Namibia.
He said: "If there was anything illegal in that transaction, Stefánsson alone, and no one else, least of all me, was a part of it."
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