Fishrot: Shanghala’s ‘trial-delaying’ application tossed out
"A surgeon cannot operate on himself."
This is what former justice minister and Fishrot accused Sacky Shanghala said yesterday in the Windhoek High Court in relation to Judge Moses Chinhengo, who once again dismissed one of the Fishrot accused's applications.
Shanghala and his co-accused James Hatuikulipi and Pius Mwatelulo filed an application requesting the High Court to step in and consider seven questions. Among other things, it deals with Chinhengo's refusal to recuse himself from the main trial.
The application was brought in terms of section 319 of the Criminal Procedure Act. However, the public prosecutor argued that such an application can only be brought when a trial has concluded.
Chinhengo also said in his judgment that the Fishrot accused's application was premature and could only be considered after the trial was over. He dismissed the application on this basis.
Questions and issues
The seven questions Hatuikulipi, Shanghala and Mwatelulo want the High Court to address deal with Chinhengo, who rejected an application that he should recuse himself from the case. They questioned whether he can continue to hear the trial.
It further deals with the defendants' lack of legal representatives, which allegedly violates their right to a fair trial.
Chinhengo stated in his judgment that the trio's questions have already been dealt with in the judgment he delivered in the refusal of the withdrawal application. According to him, the other issues must be heard in a separate application.
'Delaying tactic’
Chinhengo emphasised in his judgment that the application was brought in an attempt to further delay the trial. He noted that during the trial, many arguments were made as to which parties were responsible for the numerous delays.
“That discussion was unnecessary, as both sides have the right to raise issues as long as they do not abuse the court process. Even if it leads to delays," he said.
He further noted that this application appears to be an attempt to delay the collection of the defendants' pleas. The long-awaited trial had just started when it was delayed with this application and the withdrawal application.
This is what former justice minister and Fishrot accused Sacky Shanghala said yesterday in the Windhoek High Court in relation to Judge Moses Chinhengo, who once again dismissed one of the Fishrot accused's applications.
Shanghala and his co-accused James Hatuikulipi and Pius Mwatelulo filed an application requesting the High Court to step in and consider seven questions. Among other things, it deals with Chinhengo's refusal to recuse himself from the main trial.
The application was brought in terms of section 319 of the Criminal Procedure Act. However, the public prosecutor argued that such an application can only be brought when a trial has concluded.
Chinhengo also said in his judgment that the Fishrot accused's application was premature and could only be considered after the trial was over. He dismissed the application on this basis.
Questions and issues
The seven questions Hatuikulipi, Shanghala and Mwatelulo want the High Court to address deal with Chinhengo, who rejected an application that he should recuse himself from the case. They questioned whether he can continue to hear the trial.
It further deals with the defendants' lack of legal representatives, which allegedly violates their right to a fair trial.
Chinhengo stated in his judgment that the trio's questions have already been dealt with in the judgment he delivered in the refusal of the withdrawal application. According to him, the other issues must be heard in a separate application.
'Delaying tactic’
Chinhengo emphasised in his judgment that the application was brought in an attempt to further delay the trial. He noted that during the trial, many arguments were made as to which parties were responsible for the numerous delays.
“That discussion was unnecessary, as both sides have the right to raise issues as long as they do not abuse the court process. Even if it leads to delays," he said.
He further noted that this application appears to be an attempt to delay the collection of the defendants' pleas. The long-awaited trial had just started when it was delayed with this application and the withdrawal application.
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