By Werner Menges
27 August 2024
Plea proceedings in the Fishrot fraud, corruption and racketeering trial should continue on 2 September, acting judge Moses Chinhengo has ordered.
Chinhengo made the order at the end of a ruling delivered in the High Court at Windhoek Correctional Facility on Tuesday.
The ruling was made after Chinhengo was informed on 16 August that the state and only one of the defence lawyers involved in the Fishrot trial are ready to proceed with the matter during the rest of this year.
Four of the accused – Sacky Shanghala, James Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo – do not have legal representation at this stage.
They have informed the court that they reckon they would be ready to proceed with the trial between April and August next year, or only by January 2026, in the case of Hatuikulipi.
Plea proceedings started before Chinhengo in December last year, but were then interrupted by a failed application for the judge to step down from the case and an unsuccessful application for legal questions to be recorded and referred to the Supreme Court to be decided.
Chinhengo said in his ruling that the right to be represented by a specific lawyer is not an absolute right, and if a legal practitioner is not available for a trial they should pass on their instructions to a lawyer who is available.
He also noted that most of the 10 men charged in the matter have been held in custody for more than four years by now and that they have a right to be tried within a reasonable period of time.
