Africa-Press – Namibia.
Former justice minister Sacky Shanghala filed another request with acting judge Marilize du Plessis, asking for a delay in the start of the Fishrot trial until all pre-trial issues are resolved.
During yesterday’s proceedings, where the trial was expected to begin, Shanghala argued that the trial cannot move forward while a review application is still pending before another judge.
He stated that to proceed without hearing the determination of the review application would amount to unfairness and a breach of procedural propriety.
This, he said, is because the issues raised in the review speak to the lawfulness of the evidence obtained by the Anti-Corruption Commission and the manner in which the proceedings have been conducted so far.
The review application seeks to restrain and order the ACC and the prosecutor general from continuing to prosecute him and three other accused based on evidence he alleges were obtained illegally by the commission.
Speaking for himself, and on behalf of James Hatuikulipi, Pius Mwatelulo and Otneel Shuudifonya, he was adamant he could not proceed on an illegality. The former minister also pointed out that various other issues are impeding the accused’s access to proceedings, such as a lack of legal representation, and that there is no full disclosure of the docket to the accused. Therefore, Shanghala argued that the matter could not proceed when various pre-trial issues had not been laid to rest. He also indicated that he intends to bring an application challenging the indictment, which was also pointed out by a legal practitioner, who argued that it is contaminated with the views and opinions of the drafter, which Shanghala argues would impede the judge from adjudicating the matter impartially.
He stated that he intends to iron out all these pre-trial issues because, depending on the time each accused spends cross-examining witnesses brought to court, this matter will take at least 10 years to be finalised.
However, no date was provided for the duration of the postponement.
The application was unopposed by his co-accused, who also indicated that they needed time to prepare before the trial could commence.
Other claims for seeking a postponement include legal representation and disclosure from the State. The State, on the other hand, submitted that while they are ready to proceed, it is in the court’s discretion whether a postponement will be granted.
The matter continues in the Windhoek Prison Court.
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