Fishrot trial postponed to next week
Shanghala says enclosed dock resembles a 'cage'
Sacky Shanghala has requested that the so-called Fishrot trial be moved to a different court.
The trial of the so-called Fishrot accused was postponed yesterday to next week due to a pending decision by High Court judge Moses Chinhengo regarding a request to delay proceedings until an application before judge Shafimana Ueitele is resolved.
The application before judge Ueitele seeks to have Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo tried separately from the other seven accused.
This request stems from the fact that the three men currently lack legal representation.
When court proceedings resumed at the High Court at the Windhoek Correctional Facility yesterday, Shanghala requested that the trial be moved to a different court, citing several reasons.
Among them, he claimed that he and the other nine accused were being held in a "cage" at the courtroom situated on the grounds of the Windhoek prison.
This follows Shanghala's earlier application, where he argued that the metal grilles enclosing the dock in the courtroom infringe on his right to be presumed innocent until proven guilty, despite the bars being removed since he raised this objection in April.
"In looking up, you see a criminal thanks to these bars. We (co-accused) haven't killed anyone. I'm not a violent man. None of us are violent people; [we are] taxpayers," Shanghala said in a petition to have the metal grilles removed, addressing judge Chinhengo in April.
Pause main trial
Shanghala also said the lack of working desks, power outlets, internet access and a lectern to address the court impedes his ability to prepare his defence effectively.
During proceedings, Shanghala expressed dissatisfaction that judge Chinhengo did not invite him to present his motions from the bench but instead required him to speak from the dock. He argued that Ueitele had previously allowed him to address the court from the bench.
State prosecutor Ed Marondedze agreed with Shanghala that the main trial should be paused until Shanghala's application regarding judge Chinhengo's appointment is resolved. "By the time the other application is completed, we could have already heard one or two witnesses, and if the application succeeds, the trial would have to start over," Marondedze said.
Shanghala is currently challenging the constitutionality of judge Chinhengo's appointment. The judge's decision on the postponement of the main trial is expected to be announced next Monday, 18 November.
- [email protected]
The application before judge Ueitele seeks to have Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo tried separately from the other seven accused.
This request stems from the fact that the three men currently lack legal representation.
When court proceedings resumed at the High Court at the Windhoek Correctional Facility yesterday, Shanghala requested that the trial be moved to a different court, citing several reasons.
Among them, he claimed that he and the other nine accused were being held in a "cage" at the courtroom situated on the grounds of the Windhoek prison.
This follows Shanghala's earlier application, where he argued that the metal grilles enclosing the dock in the courtroom infringe on his right to be presumed innocent until proven guilty, despite the bars being removed since he raised this objection in April.
"In looking up, you see a criminal thanks to these bars. We (co-accused) haven't killed anyone. I'm not a violent man. None of us are violent people; [we are] taxpayers," Shanghala said in a petition to have the metal grilles removed, addressing judge Chinhengo in April.
Pause main trial
Shanghala also said the lack of working desks, power outlets, internet access and a lectern to address the court impedes his ability to prepare his defence effectively.
During proceedings, Shanghala expressed dissatisfaction that judge Chinhengo did not invite him to present his motions from the bench but instead required him to speak from the dock. He argued that Ueitele had previously allowed him to address the court from the bench.
State prosecutor Ed Marondedze agreed with Shanghala that the main trial should be paused until Shanghala's application regarding judge Chinhengo's appointment is resolved. "By the time the other application is completed, we could have already heard one or two witnesses, and if the application succeeds, the trial would have to start over," Marondedze said.
Shanghala is currently challenging the constitutionality of judge Chinhengo's appointment. The judge's decision on the postponement of the main trial is expected to be announced next Monday, 18 November.
- [email protected]
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