Fishrot accused seek new courtroom
Although the bars in the courtroom at Windhoek Central Prison have been removed, four of the Fishrot accused are still pushing for their trial to be moved to a different courtroom.
“The cage still exists, even without the metal barriers. It’s a cage, not a defendant’s dock,” argued former Minister of Justice, Sacky Shanghala, who is representing himself and three of his co-accused in the case.
Shanghala, Ricardo Gustavo, James Hatuikulipi, and Pius Mwatulelo have filed a court application against the judiciary’s administration. Their application, made under Section 149 of the Criminal Procedure Act, demands that they be moved to another courtroom.
The Windhoek High Court is set to deliver its ruling on the matter on February 14. The ruling was originally scheduled for last week but was postponed as it was not yet ready.
This is one of many applications that the Fishrot accused have filed in the High Court. Other applications include requests for a separation of trials, allowing some accused to be tried separately, and an application to have Judge Moses Chinhengo—who is presiding over the main Fishrot trial—removed from the case.
‘Rights violated’
This is not the first time that the Fishrot accused have objected to the conditions of the courtroom where their trial and related applications are being heard.
“The parties could not reach an agreement to resolve the dispute. This is because the government respondents refuse to sign a settlement agreement admitting that our fundamental right to be treated with dignity was violated, as well as our right to be presumed innocent until proven otherwise,” state the court documents filed by the Fishrot accused.
They argue that removing the bars does not change the fact that they were confined behind them from September 20, 2022, to September 16, 2024. They also claim that other issues persist in the courtroom.
“The removal of the barriers does not solve other shortcomings, such as the lack of desks (workspace), power outlets, and seats with backrests.”
The accused further state that photos taken while they were behind the bars violated their right to dignity.
“What happened, happened. That our rights were violated is a fact. The government respondents refuse to even accept and acknowledge this fact.
“Instead, they secretly removed the bars—an admission in itself, as actions speak louder than words,” Shanghala argues in court documents submitted in December.
The Fishrot accused also argue that this case has far-reaching implications for Namibia’s legal system.
“This is especially true regarding the treatment of individuals appearing before the courts in courtrooms that fail to meet standards for respecting dignity and ensuring a fair trial.
“These courtrooms do not meet the minimum standards required by the Namibian Constitution,” they claim.
Additionally, the accused have complained about the vehicle used to transport them and the five other accused to court. They are allegedly transported in the back of a pickup truck, which some claim has worsened their health conditions.
There are ten Fishrot accused, namely Gustavo, Shanghala, Mwatulelo, James Hatuikulipi, Tamson Hatuikulipi, Mike Nghipunya, Bernard Esau, Phillipus Mwapopi, Otneel Shuudifonya, and Nigel van Wyk.
Most have been in custody since November 2020 at Windhoek Central Prison. The only accused currently out on bail is Van Wyk. – [email protected]
“The cage still exists, even without the metal barriers. It’s a cage, not a defendant’s dock,” argued former Minister of Justice, Sacky Shanghala, who is representing himself and three of his co-accused in the case.
Shanghala, Ricardo Gustavo, James Hatuikulipi, and Pius Mwatulelo have filed a court application against the judiciary’s administration. Their application, made under Section 149 of the Criminal Procedure Act, demands that they be moved to another courtroom.
The Windhoek High Court is set to deliver its ruling on the matter on February 14. The ruling was originally scheduled for last week but was postponed as it was not yet ready.
This is one of many applications that the Fishrot accused have filed in the High Court. Other applications include requests for a separation of trials, allowing some accused to be tried separately, and an application to have Judge Moses Chinhengo—who is presiding over the main Fishrot trial—removed from the case.
‘Rights violated’
This is not the first time that the Fishrot accused have objected to the conditions of the courtroom where their trial and related applications are being heard.
“The parties could not reach an agreement to resolve the dispute. This is because the government respondents refuse to sign a settlement agreement admitting that our fundamental right to be treated with dignity was violated, as well as our right to be presumed innocent until proven otherwise,” state the court documents filed by the Fishrot accused.
They argue that removing the bars does not change the fact that they were confined behind them from September 20, 2022, to September 16, 2024. They also claim that other issues persist in the courtroom.
“The removal of the barriers does not solve other shortcomings, such as the lack of desks (workspace), power outlets, and seats with backrests.”
The accused further state that photos taken while they were behind the bars violated their right to dignity.
“What happened, happened. That our rights were violated is a fact. The government respondents refuse to even accept and acknowledge this fact.
“Instead, they secretly removed the bars—an admission in itself, as actions speak louder than words,” Shanghala argues in court documents submitted in December.
The Fishrot accused also argue that this case has far-reaching implications for Namibia’s legal system.
“This is especially true regarding the treatment of individuals appearing before the courts in courtrooms that fail to meet standards for respecting dignity and ensuring a fair trial.
“These courtrooms do not meet the minimum standards required by the Namibian Constitution,” they claim.
Additionally, the accused have complained about the vehicle used to transport them and the five other accused to court. They are allegedly transported in the back of a pickup truck, which some claim has worsened their health conditions.
There are ten Fishrot accused, namely Gustavo, Shanghala, Mwatulelo, James Hatuikulipi, Tamson Hatuikulipi, Mike Nghipunya, Bernard Esau, Phillipus Mwapopi, Otneel Shuudifonya, and Nigel van Wyk.
Most have been in custody since November 2020 at Windhoek Central Prison. The only accused currently out on bail is Van Wyk. – [email protected]
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