Iuze Mukube
The status hearing before acting Judge Moses Chinhengo, on Tuesday found that the absence of the lawyers, due to other engagements, will likely cause the long-overdue completion of recording pleas in the Fishrot corruption trial to be postponed.
Prior to the hearing, the judge had directed the plea taking stage to commence immediately, as this stage has been put on hold from December 2023 till now.
To guarantee that the plea taking is completed on or about 10 December 2024, he directed the parties to the case to confer with one another over a suitable date.
If the parties cannot agree, they were to meet on 2 December 2024, which was postponed to Tuesday, to determine the date of resumption, either through the court’s order or by agreement between the parties.
During the hearing, the State, represented by Ed Marondedze and assisted by Cliff Lutibezi, indicated availability to continue with the matter.
“The State wants to see the back of this case and it is ready as we have witnesses waiting to testify since the matter was transferred to the High Court in April 2021,” stated Marondedze.
He said the court is not there for the defence counsel’s convenience when the judge asked what would likely happen if a lawyer was unavailable.
Regarding the reasonableness of the issue, he said the State is prepared for the attorneys to be present, giving them until 15 December to organise or put their house in order, for the trial may begin on 15 January 2025.
However, Mbanga Siyomunji, representing Tamson Hatuikulipi and Nigel van Wyk, said he will only be available from 19 May 2025.
Milton Engelbrecht, representing Mike Nghipunya, Otneel Shuudifonya, and Phillipus Mwapopi, indicated that even if he is not available, his clients are amenable to proceed with plea taking.
Engelbrecht further indicated that he will be available for two weeks from 17 January 2025.
Meanwhile, former fisheries minister Bernard Esau stated he is prepared at any time to proceed with plea taking, expressing being exhausted from being detained for five years now.
Former justice minister, Sacky Shanghala, representing himself, and on behalf of James Hatuikulipi and Pius Mwatelulo, told the judge that he still needs to study the separation of trial judgement before he decides on whether to appeal to the Supreme Court.
Ricardo Gustavo also indicated to the judge that he will stand by what was said in the status report.
After hearing from all parties, Judge Chinhengo said that he will decide on the issue tomorrow.