Further bickering pushes Fishrot trial to Friday
The long-awaited trial of the accused in the Fishrot bribery case is struggling to get out of the blocks and has been postponed to tomorrow, 8 December, amid a refusal by the presiding judge to grant further postponements.
The absence of some defence lawyers this week prompted some of the accused to refuse to plead without their legal counsels, while three of the accused – who include former justice minister Sacky Shanghala – have no legal representation at all.
They have blamed their situation on their frozen assets, which birthed their inability to afford lawyers. The trio have the option to apply for state-funded lawyers.
Lawyer Mbanga Siyomunji, representing Tamson Hatuikulipi and Nigel van Wyk, was among those absent this week. He sent a WhatsApp message, which was read out in court by deputy prosecutor-general Ed Marondedze, saying he is out of town and could not attend the proceedings.
When called to give his position on the matter, co-accused and former fisheries minister Bernhardt Esau said he cannot colmment on the matter because he is in the hands of his counsel Florian Beukes, who was off sick. He added that he was unaware that his lawyer was unwell, and wished him a speedy recovery.
"I cannot say whether I can plea or not plea because it might prejudice me."
Minor issues
Marondedze also urged the court to postpone the matter until the Fishrot accused’s legal representation issues are resolved, but Judge Moses Chinhengo said the court cannot be held back by ‘minor issues’.
“I would suggest that we err on the side of caution as far as the matter of legal representation is concerned," the judge said.
Four of the accused - Shanghala, James Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo - indicated on Tuesday that they would have to represent themselves because they have no funds to pay for lawyers.
Just after Judge Chinhengo announced the matter is postponed to Friday for plea and trial, Shanghala interjected indicating that he had two points to rise, in line with Section 319 of the Criminal Procedures Act.
He was, however, stopped in his tracks and informed by Chinhengo that they will not hear substantial business until everyone is available on Friday.
Shanghala further pointed out that Chinhengo's phrase - on not holding back court over "minor issues" - trivialises the accused's submission on their lack of legal representation.
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The absence of some defence lawyers this week prompted some of the accused to refuse to plead without their legal counsels, while three of the accused – who include former justice minister Sacky Shanghala – have no legal representation at all.
They have blamed their situation on their frozen assets, which birthed their inability to afford lawyers. The trio have the option to apply for state-funded lawyers.
Lawyer Mbanga Siyomunji, representing Tamson Hatuikulipi and Nigel van Wyk, was among those absent this week. He sent a WhatsApp message, which was read out in court by deputy prosecutor-general Ed Marondedze, saying he is out of town and could not attend the proceedings.
When called to give his position on the matter, co-accused and former fisheries minister Bernhardt Esau said he cannot colmment on the matter because he is in the hands of his counsel Florian Beukes, who was off sick. He added that he was unaware that his lawyer was unwell, and wished him a speedy recovery.
"I cannot say whether I can plea or not plea because it might prejudice me."
Minor issues
Marondedze also urged the court to postpone the matter until the Fishrot accused’s legal representation issues are resolved, but Judge Moses Chinhengo said the court cannot be held back by ‘minor issues’.
“I would suggest that we err on the side of caution as far as the matter of legal representation is concerned," the judge said.
Four of the accused - Shanghala, James Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo - indicated on Tuesday that they would have to represent themselves because they have no funds to pay for lawyers.
Just after Judge Chinhengo announced the matter is postponed to Friday for plea and trial, Shanghala interjected indicating that he had two points to rise, in line with Section 319 of the Criminal Procedures Act.
He was, however, stopped in his tracks and informed by Chinhengo that they will not hear substantial business until everyone is available on Friday.
Shanghala further pointed out that Chinhengo's phrase - on not holding back court over "minor issues" - trivialises the accused's submission on their lack of legal representation.
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