Iuze Mukube
Acting Judge Moses Chinhengo has deferred his decision on an application for the separation of trial in the ongoing Fishrot case to next Tuesday.
The application was lodged based on lack of legal representation by former justice minister Sacky Shanghala, who asked that the trial be divided to address disparities among the co-accused.
He argued that applicants, including himself, James Hatuikulipi, Pius Mwatelulo and eight companies have not yet secured legal representation while the other accused have.
He added that proceeding with the trial jointly would prejudice the defence of those with no legal representation.
Shanghala centred his argument on the fact that certain constitutional principles will be infringed upon if they are to be tried without legal assistance, such as Articles 8, 12 and 18, which amounts to an unfair trial.
The prosecution opposed the trial to be separated, arguing that the accused were, since last year December, given enough time to get legal aid.
As such, legal representation should not be a factor in determining whether the trial should be held separately or not.
State Advocate Ed Marondedze asserted that a joint trial was necessary due to the interconnected nature of the charges and evidence.
Primarily, he maintained that separating the trial could lead to inconsistencies and redundancy in the presentation as well as a waste of State resources.
Judge Chinhengo assured the accused that having no legal representation would not prejudice their defence, as there have been cases of the accused being acquitted of crimes being preferred against them.
He added that lack of legal representation will not rise to the premise of an unfair trial as asserted by Shangala.
“Even without legal representation, you can still be acquitted from all crimes as long as the court found that beyond a reasonable doubt, it has been proven you are not guilty of the charges brought against you,” the judge stated.
Thus, the judge postponed the ruling on the application to 26 November 2024 at 09h00 to allow the court to review the submissions from both sides.
The applicants were represented by Shanghala. The State was represented by Marondedze, assisted by Cliff Lutibezi.