Staff Reporter<\/p>\n\n\n\n
MOSES Chinhengo, the judge presiding over the fisheries corruption, money laundering, and fraud trial known as “Fishrot,” has ordered that although some of the lawyers representing the accused in the matter have said they will not be available for the rest of the year, the trial should continue in early September with or without them.<\/p>\n\n\n\n
“Regarding the issue of the non-availability of counsel to represent the accused when reasonable trial dates have been set by the court, the answer is provided by Kuzatjike’s case and the cited authorities: there is no absolute right to be represented by a specific legal practitioner. If the appointed legal practitioner is unavailable, they must decline the brief and pass it on to other practitioners. In a potentially long trial such as the main criminal trial before me, the occasional non-availability of counsel must be accommodated but without compromising the finalisation of the trial within a reasonable timeframe,” Chinhengo said in his court order.<\/p>\n\n\n\n
The judge further said that the pleas on the remaining charges shall resume from 2\u20136 September 2024 and 10\u201313 September 2024. Prior to the judgment, lawyer Mbanga Siyomunji, who represents Tamson Hatuikulipi as well as Nigel van Wyk in the matter, indicated that he would only be available for the trial continuation next year, specifically in February and April 2025. Lawyer Florian Beukes, who represents former Fisheries Minister Bernhardt Esau in the matter, indicated that he would be available from 15 January 2025. Meanwhile, Milton Engelbrecht, who represents Mike Nghipunya, Otneel Shuudifonya, and Phillipus Mwapopi, indicated that he would be available from 2 September 2024.<\/p>\n\n\n\n
Moving on to the myriad of applications lodged by the Fishrot accused, the judge said that these applications cannot halt the trial.<\/p>\n\n\n\n
“The criminal trial was slated to start on 2 October 2023, almost four years after the accused persons’ arrest and detention in custody. The accused have therefore been in pre-trial custody for a very long time. They have instituted and intend to institute many applications in the courts, which have the unfortunate consequence of further delaying the continuation of the main trial. It is the accused’s right to bring any application to court, but doing so does not necessarily mean that their trial may not continue. It may well be that one or more of the applications will direct the trial to be halted, but until such a result has been secured, this court is entitled, nay obliged, to proceed with the trial in the interest of the administration of justice,” Chinhengo said.<\/p>\n\n\n\n
To date, the Fishrot accused have lodged up to seven separate applications, which have effectively halted the trial from continuing. These applications include, among others, a petition to the Supreme Court relating to the court’s decision on the application in terms of Section 319 of the Criminal Procedure Act 1977 on the reservation of questions of law; an application that the trial should not be conducted in the courtroom where it is currently being conducted; and a review application to the Supreme Court in terms of Section 16 of the Supreme Court Act 1990 challenging the court’s decision requiring unrepresented accused persons to plead to the charges.<\/p>\n\n\n\n
The accused also lodged an application for the High Court to determine the legality of the ‘use and admissibility of information by the Prosecutor General obtained through an unlawful investigation conducted by the Anti-Corruption Commission (ACC), which at the time was not empowered under Section 83 of the Prevention of Organised Crime Act No. 29 of 2004, in the bail hearings and the framing of the indictment.<\/p>\n","protected":false},"excerpt":{"rendered":"
Staff Reporter MOSES Chinhengo, the judge presiding over the fisheries corruption, money laundering, and fraud trial known as “Fishrot,” has ordered that although some of the lawyers representing the accused in the matter have said they will not be available for the rest of the year, the trial should continue in early September with or …<\/p>\n","protected":false},"author":10,"featured_media":362028,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-362029","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"yoast_head":"\n