Iuze Mukube
Acting High Court Judge Moses Chinhengo has dismissed an application requesting for a separation of trials by four of the Fishrot accused, stating the applicants’ claim of lacking legal representation does not warrant a postponement and a split trial.
This ruling was delivered last Tuesday.
Prior to the ruling, former minister of justice Sackeus Shanghala, James Hatuikulipi, Pius Mwatelulo, and Ricardo Gustavo argued proceeding without legal representation would infringe upon their right to a fair trial.
Additionally, they asked the trial to be delayed until they, as the unrepresented accused, have more time to seek legal assistance, while their co-accused, who are legally represented by lawyers, continue with their trial on their own.
Chinhengo, however, pointed out that the applicants did not demonstrate, on the balance of probabilities that they would likely be prejudiced in a joint trial based on the evidence presented to the court.
He stated the joint trial was necessary so that the court could have all the facts at its disposal when determining whether the accused were guilty or not and this decision was not contented against.
The judge further noted the applicants were given a fair amount of time to secure funds for defence lawyers and if they are unable to do so within this time, they would have to proceed without legal assistance.
They had since December last year to decide on legal representation, but they have instead been preoccupied with other, unsuccessful applications in the High Court and filed petitions to the Supreme Court during the past year, he said.
“Certainly, they have been given ample time to sort out the issue of legal representation and at one stage the trial must proceed.”
This was in response to the matter that the plea-taking stage in the trial has been postponed from last year December till to date after he ordered that “plea proceedings in the matter must continue without any further postponement.”
The plea proceedings have been on hold since an ultimately unsuccessful application for Chinhengo to step down from the case interrupted the taking of pleas on 13 December 2023.
He ordered the accused to file their pleas right away, indicating that the court would not tolerate any more delays, and are to be completed by or before about 10 December 2024.
Chinhengo directed the prosecutors, and the unrepresented accused to have a discussion to agree on what date the plea proceedings can continue, and to report back to him on 29 November 2024.
Chinhengo directed the applicants to petition the High Court to have the Directorate of Legal Aid provide them with state-funded legal aid if they are unable to obtain legal counsel.