Staff Reporter
HIGH Court Judge Moses Chinhengo, who is currently presiding over the Fishrot case, has postponed the matter to 4 September 2024 to establish a timeline for the submission of documents by all parties to quickly address the application made by former Minister of Justice Sacky Shanghala, James Hatuikulipi, and Pius Mwatelulo. The three have applied to separate their trial from the rest of the accused.
Shanghala filed the application for a separation of trial on 2 September 2024. However, the matter was postponed due to the absence of Ricardo Gustavo, one of the accused, who was hospitalized due to ill health. Gustavo, who was expected to be in court today, will only be present on 4 September as he has yet to be discharged from the hospital.
During today’s proceedings, the judge and two defense lawyers in the matter, Mbanga Siyomunji and Milton Engelbrecht, clashed over whether the main criminal trial should continue pending the outcome of the interlocutory applications for a split in the trial, as well as a petition to the Supreme Court regarding the Section 319 application, which addresses issues of a fair trial and the legality of evidence collection in the Fishrot proceedings, among other things.
The two defense lawyers argued that, by law, interlocutory applications of any nature must be resolved before reverting to the main trial. However, the judge countered, stating that no case law or rules explicitly mandate the halting of main proceedings during interlocutory proceedings.
The matter is expected to continue in the High Court tomorrow upon Gustavo’s return from hospitalization.
