Fishrot trial: No progress after a year
Another application fails
Some of the Fishrot defendants have already been in custody for five years and will spend yet another Christmas behind bars.
It has been nearly a year since the Fishrot accused refused to plead in the Windhoek High Court, prompting judge Moses Chinhengo to enter a plea of not guilty on behalf of each defendant.
Since then, the trial has made no progress, with the court occupied by various interim applications.
Some of the Fishrot defendants have already been in custody for five years and will spend yet another Christmas behind bars.
Despite the trial's significant delays, the accused appeared in court regularly throughout the year. However, numerous applications and issues have hindered progress.
One of the primary causes of delay was an application requesting judge Chinhengo's recusal from the case. After the court dismissed the application, the Fishrot defendants challenged the decision further, albeit unsuccessfully.
Lack of progress
Additionally, court appearances were marked by the accused – notably Sacky Shanghala – raising multiple issues for the court’s attention.
Issues ranged from alleged irregularities in the recording of pleas, which took place on 13 December 2023, to the bars behind which the accused had to appear in court.
No separation
The latest application was brought by four of the accused – Shanghala, James Hatuikulipi, Pius Mwatelulo and Ricardo Gustavo – who requested to be tried separately.
They suggested that the trial continue without them, allowing them more time to secure legal representation, and that their separate trial commence at a later stage. However, the application was denied.
Chinhengo ruled that it was necessary for all the accused to be tried together so that the court could have all the facts before making a decision.
He further pointed out that the accused had ample time to secure legal representation, and if they failed to do so soon, the trial would proceed without their attorneys.
“They have been given enough time to sort out the issue of legal representation, and at some point, the trial must continue,” he said, adding that the taking of pleas must resume shortly.
He warned that the court would not tolerate any further delays.
Set dates
During Monday's appearance in the High Court, Chinhengo instructed the prosecutor, attorneys and unrepresented defendants to discuss dates for the resumption of proceedings and to return with a proposed date.
Chinhengo also advised the Fishrot defendants to approach the High Court to request that the Legal Aid Centre provide them with state-funded attorneys.
Currently, only one of the ten defendants, Nigel van Wyk, is out on bail, while Tamson Hatuikulipi will hear his fate in his latest bail application on 16 December. The remaining defendants are still in custody at the Windhoek Central Prison.
Since then, the trial has made no progress, with the court occupied by various interim applications.
Some of the Fishrot defendants have already been in custody for five years and will spend yet another Christmas behind bars.
Despite the trial's significant delays, the accused appeared in court regularly throughout the year. However, numerous applications and issues have hindered progress.
One of the primary causes of delay was an application requesting judge Chinhengo's recusal from the case. After the court dismissed the application, the Fishrot defendants challenged the decision further, albeit unsuccessfully.
Lack of progress
Additionally, court appearances were marked by the accused – notably Sacky Shanghala – raising multiple issues for the court’s attention.
Issues ranged from alleged irregularities in the recording of pleas, which took place on 13 December 2023, to the bars behind which the accused had to appear in court.
No separation
The latest application was brought by four of the accused – Shanghala, James Hatuikulipi, Pius Mwatelulo and Ricardo Gustavo – who requested to be tried separately.
They suggested that the trial continue without them, allowing them more time to secure legal representation, and that their separate trial commence at a later stage. However, the application was denied.
Chinhengo ruled that it was necessary for all the accused to be tried together so that the court could have all the facts before making a decision.
He further pointed out that the accused had ample time to secure legal representation, and if they failed to do so soon, the trial would proceed without their attorneys.
“They have been given enough time to sort out the issue of legal representation, and at some point, the trial must continue,” he said, adding that the taking of pleas must resume shortly.
He warned that the court would not tolerate any further delays.
Set dates
During Monday's appearance in the High Court, Chinhengo instructed the prosecutor, attorneys and unrepresented defendants to discuss dates for the resumption of proceedings and to return with a proposed date.
Chinhengo also advised the Fishrot defendants to approach the High Court to request that the Legal Aid Centre provide them with state-funded attorneys.
Currently, only one of the ten defendants, Nigel van Wyk, is out on bail, while Tamson Hatuikulipi will hear his fate in his latest bail application on 16 December. The remaining defendants are still in custody at the Windhoek Central Prison.
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