Gustavo opposes Shanghala’s attempt to remove Fishrot trial judge

Windhoek High Court judge Marelize du Plessis has accepted written arguments filed on behalf of Ricardo Gustavo opposing an attempt by co-accused Sacky Shanghala to remove her as trial judge in the long-running Fishrot corruption case.

Du Plessis ruled that the heads of argument submitted by Gustavo’s lawyer, Ileni Gebhardt, would form part of the court record despite being filed after the deadline.

She indicated that her reasons for allowing the late filing will be included when the court delivers its ruling on the recusal application.

The matter came before the court on Monday to allow the submission of a recusal application by Shanghala.

Shanghala, who is acting on his own behalf, is asking the court to order Du Plessis to step aside from the trial. He claims that comments she made in earlier rulings gave the impression that the court has already formed an unfavourable view of the defence.

Seeks judge’s removal

Addressing the court, Shanghala argued that the judge lacks the necessary experience to preside over the complex corruption proceedings. He further pointed to remarks in a previous judgment, where applications brought by the accused were described as “delay tactics”, saying such statements undermine the appearance of impartiality.

The recusal application is opposed by both the prosecution and Gustavo.

Gustavo maintains that Shanghala has not demonstrated any factual basis showing that the judge is biased, which is required for a recusal order to be granted.

He also argued that repeated interlocutory applications have contributed to postponements in the matter whenever trial dates are scheduled.

During arguments, Shanghala criticised Gustavo's late filing submissions and questioned whether his co-accused’s legal team was ready to proceed with the trial. He told the court that preparing legal arguments from a maximum-security prison limits the time available to work on his case.